PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, CENTRA, AND PERADOTTO, JJ.

DOCKET NOS. CA 08-02270, CA 08-02271, CA 08-02321, AND CA 08-02330
DOCKET NO. CA 08-02270, CA 08-02271, CA 08-02321, AND CA 08-02330

NICOLE S. MAURER, PLAINTIFF-RESPONDENT, V TOPS MARKETS, LLC, DEFENDANT-APPELLANT. NICOLE S. MAURER, PLAINTIFF-RESPONDENT, V RAYMOND E. KISER, DEFENDANT-APPELLANT. (APPEAL NO. 1.) NICOLE MAURER, PLAINTIFF-RESPONDENT-APPELLANT, V TOPS MARKETS, LLC, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.) NICOLE S. MAURER, PLAINTIFF, V TOPS MARKETS, LLC, DEFENDANT. ——————————————————————& mdash;——————- NICOLE S. MAURER, PLAINTIFF-RESPONDENT, V RAYMOND E. KISER, DEFENDANT-APPELLANT. (APPEAL NO. 3.) NICOLE MAURER, PLAINTIFF-RESPONDENT-APPELLANT, V RAYMOND E. KISER, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 4.) PAGE 2 SEPTEMBER 10, 2009

Plaintiff having moved for an extension of time to perfect the cross-appeals taken from judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 20, 2008, and to file and serve a responding brief on those appeals and the appeals taken from orders of the same Court entered December 7, 2007 and April 10, 2008, and to reschedule oral argument of the appeals,

Now upon reading and filing the affirmation of Debra A. Norton dated August 28, 2009, the notice of motion with proof of service thereof, and due deliberation having been thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that plaintiff's brief is filed and served on or before September 28, 2009 and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 13, 2009, and

It is further ORDERED that the appeals are hereby removed from the October 26, 2009 day calendar of this Court and added to the December 10, 2009 day calendar.

Memorandum: No further extensions will be granted.

Entered: September 10, 2009

Patricia l. Morgan, Clerk