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

DOCKET NO. CA 10-00534

ARLENE S. GARLAND, AS EXECUTRIX OF THE ESTATE OF RICHARD T. SHANOR AND GENELLE M. SHANOR, DECEASED, PLAINTIFF-APPELLANT-RESPONDENT, V RJI INSURANCE COMPANY, DEFENDANT-RESPONDENT-APPELLANT, ET AL., DEFENDANT.

Respondent-appellant RLI Insurance Company having moved for an extension of time to file and serve its respondent's and cross-appellant's briefs on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 28, 2009, and for other relief,

Now, upon reading and filing the affidavit of Steven E. Peiper, Esq. sworn to April 9, 2010, the notice of motion with proof of service thereof, the affidavit of Michael R. Drumm, Esq. sworn to April 21, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve RLI Insurance Company's respondent's brief is granted on condition that the brief is filed and served on or before May 10, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that dismissal of the cross appeal taken herein from the order entered April 28, 2009 is hereby vacated, on the condition that RLI Insurance Company perfects the cross appeal on or before May 10, 2010, and the Clerk is directed to accept the brief for filing.

Entered: April 27, 2010

Patricia L. Morgan, Clerk