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

DOCKET NO. CA 09-02227
DOCKET NO. CA 10-00040
DOCKET NO. CA 10-00040

RAYMOND S. SWAN, JR. AND DORIS J. SWAN, PLAINTIFFS-RESPONDENTS, V ANDREW J. INGERSOLL, DEFENDANT-RESPONDENT, AND NOCO EXPRESS, A DIVISION OF NOCO ENERGY CORP., DEFENDANT-APPELLANT. (APPEAL NO. 1.) RAYMOND S. SWAN, JR., AND DORIS J. SWAN, PLAINTIFFS-RESPONDENTS, V ANDREW J. INGERSOLL, DEFENDANT-RESPONDENT, AND NOCO EXPRESS, A DIVISION OF NOCO ENERGY CORP., DEFENDANT-APPELLANT. (APPEAL NO. 2.) RAYMOND S. SWAN, JR., AND DORIS J. SWAN, PLAINTIFFS-RESPONDENTS, V ANDREW J. INGERSOLL, DEFENDANT-RESPONDENT, AND NOCO EXPRESS, A DIVISION OF NOCO ENERGY CORP., DEFENDANT-APPELLANT. (APPEAL NO. 3.)

Respondents Raymond S. Swan, Jr. and Doris J. Swan having moved for an extension of time to file and serve a brief and appellant NOCO Express having cross-moved for an extension of time to file and serve a reply brief on the appeals taken herein from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 11, 2009, May 18, 2009, and July 9, 2009,

Now, upon reading and filing the affidavit of Amy C. Martoche, Esq. sworn to April 9, 2010, the notice of motion with proof of service thereof, the affirmation of Matthew S. Lerner, Esq. dated April 20, 2010, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before May 12, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the cross motion is granted, appellants time to file and serve reply briefs is extended, and appellant shall file and serve its reply briefs for each of the appeals on or before May 27, 2010, and the Clerk is directed to accept the briefs for filing.

Entered: April 27, 2010

Patricia L. Morgan, Clerk