KENNETH POKORSKI, CHRISTINE E. DODDS, AND DAVID DALE, - V GANNETT CO., INC., WGRZ TV, MARIA SISTI, RICH KELLMAN, ELLEN
Motion No: NOS. CA 09-00826 AND CA 09-00956
Slip Opinion No: 2009 NY Slip Op 84151(U)
Decided on September 21, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


September 21, 2009

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND PINE, JJ.

DOCKET NOS. CA 09-00826 AND CA 09-00956

KENNETH POKORSKI, CHRISTINE E. DODDS, AND

DAVID DALE, PLAINTIFFS-APPELLANTS,

ET AL., PLAINTIFF,

V

GANNETT CO., INC., WGRZ TV, MARIA SISTI,

RICH KELLMAN, ELLEN CROOK, LYNN DIXON, AND

ROBYN YOUNG, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

KENNETH POKORSKI, CHRISTINE E. DODDS, AND

DAVID DALE AND CATHERINE E. DODDS, BY HER PARENT/GUARDIAN

CHRISTINE E. DODDS, PLAINTIFFS-APPELLANTS,

V

GANNETT CO., INC., WGRZ TV, MARIA SISTI,

RICH KELLMAN, ELLEN CROOK, LYNN DIXON, AND

ROBYN YOUNG, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)


Appellants having renewed the motion to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 24, 2008, and for an extension of time to file and serve a reply brief on both appeals,

Now, upon reading and filing the affidavit of Michael W. Rickard, II sworn to September 4, 2009, the affidavit of David Dale sworn to September 4, 2009, the notice of 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, granted, and appellants' brief is accepted for filing with respect to both appeals, respondents' brief shall be filed and served on or before October 21, 2009, and reply briefs, if any, shall be filed and served on or before November 5, 2009.

Entered: September 21, 2009

Patricia L. Morgan, Clerk