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

DOCKET NOS. CA 10-00401 AND CA 10-01000

WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT-RESPONDENT, V STEVEN V. MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP, DEFENDANTS-RESPONDENTS, AND MERCURY PRINT PRODUCTIONS, INC., DEFENDANT-RESPONDENT-APPELLANT.

Appellant having moved to supplement the record on appeal and for an extension of time to file and serve a reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on November 5, 2009, and,

Appellant having also moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on March 30, 2010,

Now, upon reading and filing the affirmation of William E. Burkhart, Jr., Esq. dated September 13, 2010, the notice of motion with proof of service thereof, the affirmation of F. Paul Greene, Esq. dated September 23, 2010, the affirmation of Thomas B. Cronmiller, Esq. dated September 24, 2010, and the affirmation of Christopher G. Todd, Esq. dated September 24, 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 a reply brief is granted to the extent that the reply brief shall be filed and served on or before November 12, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the motion insofar as it seeks to supplement the record on appeal is denied, and

It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal taken herein from the order entered March 30, 2010, is denied.

Entered: October 27, 2010

Patricia L. Morgan, Clerk