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

DOCKET NO. CA 09-01825

WENDE MARRACINO AND FRANK MARRACINO, PLAINTIFFS-RESPONDENTS, V GARY J. ALEXANDER, D.D.S. AND ORCHARD PARK PROTHODONTICS, LLP, DEFENDANTS-APPELLANTS.

The New York State Dental Association having moved for permission to file and serve a brief amicus curiae on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 27, 2009, and respondents having cross-moved for an extension of time to file and serve their brief,

Now, upon reading and filing the affidavit of Lance R. Plunkett sworn to September 25, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Brian D. Knauth sworn to October 6, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of Lance R. Plunkett sworn to October 7, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the amicus brief is filed and served on or before November 12, 2009, and the Clerk is directed to accept the amicus brief for filing, and

It is further ORDERED that the cross motion be, and the same hereby is, granted on the condition that respondents' brief is filed and served on or before November 23, 2009, and the Clerk is directed to accept respondents' brief for filing.

Entered: October 21, 2009

Patricia L. Morgan, Clerk