PRESENT: SCUDDER, P.J., CARNI, SCONIERS, MARTOCHE, JJ.

DOCKET NO. CA 11-00006

ALI AHMED ALI, PLAINTIFF-RESPONDENT, V TONYA S. HUNT, ANTHONY RANTIN AND NATIONAL GRID FORMERLY KNOWN AS NIAGARA MOHAWK POWER CORP., DEFENDANTS-APPELLANTS.

Appellant Tonya S. Hunt having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 9, 2010 (denominated an extension of time to file and serve a respondent's or reply brief), and respondent having moved for an extension of time to file and serve a brief,

Now, upon reading and filing the affirmation of John E. Abeel, Esq. received January 26, 2011, the affirmation of Eugene C. Tenney, Esq. received January 31, 2011, the notices of motion with proof of service thereof, and the affirmations of Nicholas J. DiCesare, Esq. dated January 27, 2011, and January 31, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion of appellant Tonya S. Hunt, insofar as it seeks an extension of time to perfect her appeal, is granted and she shall perfect her appeal on or before March 18, 2011, and, in the event of failure to so perfect, her appeal is hereby dismissed without further order, and

It is further ORDERED that respondent's motion is granted on the condition that the brief is filed and served on or before April 18, 2011, 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 May 3, 2011, and

It is further ORDERED that the appeal is removed from the Court's day calendar for April 6, 2011, and added to the Court's calender for the term commencing May 16, 2011.

Entered: March 2, 2011

Patricia L. Morgan, Clerk