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

DOCKET NO. CA 10-01075

IN THE MATTER OF OTTO HARNISCHFEGER, FRANK ALVARADO, EDMOND BERNABEI, JOHN BRENNAN, JOSEPH BRIGANTI, WESLEY S. BROWN, WILFREDO CARBONEL, JR., JOSE CELORIO, MICHAEL CLARK, TIMOTHY S. FINGLAND, DAVID FRANKLIN, DENNIS GONZALEZ, JUSTIN HAVILL, SCOTT HILL, MURRY E. HOOPER, MICHAEL HOULIHAN, MARTIN LOGAN, JENNIFER L. MORALES, MYRON MOSES, RUBEN PADILLA, JR., DALE L. PASCOE, TIMOTHY M. PEARCE, VINCENT POST, ANDREW W. SANTELL, DAVID SIMPSON, PHILIP SINDONI,DAVID SWAIN, THOMAS TASICK, EDEN TORRES, IGNACIO A. TORRES, NORBERTO TORRES, CHRISTOPHER TUTTLE AND DANIEL J. ZIMMERMAN, PETITIONERS-APPELLANTS, V DAVID MOORE, CHIEF OF POLICE OF ROCHESTER POLICE DEPARTMENT, ROCHESTER POLICE DEPARTMENT, AND CITY OF ROCHESTER, RESPONDENTS-RESPONDENTS.

Respondents having moved for an extension of time to file and serve a brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 11, 2009,

Now, upon reading and filing the affirmation of Michele Di Gaetano, Esq. dated August 4, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the brief shall be filed and served on or before September 23, 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 October 8, 2010.

Entered: August 24, 2010

Patricia L. Morgan, Clerk