PRESENT: CENTRA, J.P, PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

DOCKET NOS. CA 08-02659
DOCKET NO. CA 10-00714

THOMAS J. SMOLINSKI, PLAINTIFF-RESPONDENT, V MATTHEW A. SMOLINSKI, DEFENDANT, FORD MOTOR CREDIT COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THOMAS J. SMOLINSKI, PLAINTIFF-RESPONDENT, V MATTHEW A. SMOLINSKI, DEFENDANT, FORD MOTOR CREDIT COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Respondent having moved for an extension of time to file and serve briefs on the appeals herein from the orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 1, 2008 (Appeal No. 1) and February 8, 2010 (Appeal No. 2), and having moved to submit a companion filing on CD-ROM, and

Appellant having cross-moved for an order permitting appellant to submit a supplemental volume to the record on appeal,

Now, upon reading and filing the affirmation of Debra A. Norton, Esq. dated June 2, 2010, the notice of motion with proof of service thereof, the affidavit of Paul Morrison-Taylor, Esq. sworn to June 10, 2010, the notice of cross motion with proof of service thereof, the affirmation of Debra A. Norton, Esq. dated June 11, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion insofar as it seeks an extension of time to file and serve briefs in both appeals is granted and the third ordering paragraph of the order of this Court entered May 27, 2010 is hereby amended by deleting the date June 2, 2010 and inserting in its place the date July 1, 2010, and

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

It is further ORDERED that appellant's cross motion is denied (see 22 NYCRR 1000.4 [a] [1]).

Entered: June 23, 2010

PATRICIA L. MORGAN, CLERK