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

DOCKET NO. CA 09-01593

PYRAMID BROKERAGE COMPANY, INC., PLAINTIFF, V ZURICH AMERICAN INSURANCE COMPANY, ET AL., DEFENDANTS, (ACTION NO.1) PYRAMID BROKERAGE COMPANY, INC., PLAINTIFF-APPELLANT-RESPONDENT, V COMFORT SYSTEMS USA, INC., ABJ FIRE PROTECTION CO., INC., WOODCOCK AND ARMANI MECHANICAL CONTRACTORS, FORMERLY KNOWN AS ARMANI MECHANICAL AND WOODCOCK AND ASSOCIATES, INC., DEFENDANTS-RESPONDENTS-APPELLANTS. (ACTION NO. 2)

Appellant-respondent having moved to expedite oral argument of the appeal and cross appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 18, 2009, and respondents-appellants having cross-moved for an extension of time to file and serve their brief,

Now, upon reading and filing the affirmation of Alan J. Pierce dated August 12, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Valerie L. Barbic sworn to August 19, 2009, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, and

It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the brief is filed and served on or before October 22, 2009 and the Clerk is directed to accept the brief for filing, and

DOCKET NO. CA 09-01593

SEPTEMBER 10, 2009

PAGE 2

It is further ORDERED that reply briefs, if any, shall be filed and served on or before November 6, 2009.

Entered: September 10, 2009

Patricia L. Morgan, Clerk