PRESENT: MARTOCHE, J.P., CARNI, GREEN, PINE, AND GORSKI, JJ.

DOCKET NO. CA 10-00746

GEOFFREY BOND AND SALLY T. BOOTEY, PLAINTIFFS-APPELLANTS-RESPONDENTS, V THOMAS A. TURNER AND MICHELLE M. TURNER, DEFENDANTS-RESPONDENTS-APPELLANTS, AND VILLAGE OF LAKEWOOD, DEFENDANT-RESPONDENT.

Respondents-appellants having moved for an extension of time to file and serve a brief on the appeal, to vacate the dismissal of the cross appeal, and for an extension of time to perfect the cross appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on June 22, 2009,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq. sworn to April 29, 2010, the notice of motion with proof of service thereof, the affidavit of Andrew W. Goodell, Esq. dated April 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the cross appeal and extend time to perfect the cross appeal is granted, on the condition that respondents-appellants perfect the cross appeal on or before June 18, 2010, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief on the appeal is granted on condition that the brief is filed and served on or before June 18, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before July 6, 2010, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before July 21, 2010.

Entered: June 9, 2010

Patricia L. Morgan, Clerk