PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 08-02659

THOMAS J. SMOLINSKI, PLAINTIFF-RESPONDENT, V MATTHEW A. SMOLINSKI, DEFENDANT, FORD MOTOR CREDIT COMPANY, DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 1, 2008, for permission to submit a companion filing of the record and appellant's brief on CD-ROM and for other relief,

Now, upon reading and filing the affidavit of Paul Morrison-Taylor sworn to December 11, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated December 18, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect is granted and appellant shall perfect the appeal on or before March 29, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks permission for a companion filing on CD-ROM is granted and a companion filing of the record and appellant's brief may be made in accordance with the requirements of 22 NYCRR 1000.3 (h), and

It is further ORDERED that the motion insofar as it seeks permission to file an excess-page brief is granted to the extent that appellant's brief may not exceed 100 pages, and

It is further ORDERED that the motion insofar as it seeks permission to file an excess-page reply brief is denied.

Entered: January 26, 2010

Patricia L. Morgan, Clerk