PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 09-00915

GEORGE EAGAN GINTHER, PLAINTIFF-APPELLANT, V ROBERT A. CRAWFORD JR., ESQ., AND KNOER, CRAWFORD & BENDER, LLP, DEFENDANTS-RESPONDENTS.

Respondents having moved for an extension of time to file and serve a brief on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 4, 2008, and appellant having cross-moved for an extension of time to file and serve a reply brief, and for other relief,

Now, upon reading and filing the affirmation of Frank V. Balon dated November 20, 2009, the notice of motion with proof of service thereof, the affidavit of George Eagan Ginther sworn to November 24, 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, granted on condition that the brief is filed and served on or before December 30, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the cross motion be, and the same hereby is granted on condition that the reply brief is filed and served on or before March 1, 2010, and the appeal is hereby removed from the calendar for the term of this Court commencing February 22, 2010 and added to the calendar for the term of this Court commencing April 5, 2010.

Entered: December 8, 2009

Patricia L. Morgan, Clerk