PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 10-02058

DOMMER CONSTRUCTION CORPORATION, PLAINTIFF-APPELLANT, V SAVARINO CONSTRUCTION SERVICES CORP., AND THE CINCINNATI INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Counsel for respondent Savarino Construction Services Corp. (Savarino) having moved to withdraw as counsel for Savarino and having moved for an extension of time for Savarino to file and serve a respondent's brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 5, 2010, and appellant having moved for an extension of time to file and serve a reply brief,

Now, upon reading and filing the affirmation of Kimberly A. Colaiacovo, Esq. dated January 24, 2011, the affidavit of Michael J. Willett, Esq. sworn to February 8, 2011, the notices of motion with proof of service thereof, and the affidavit of Frank J. Jacobson, Esq. sworn to January 27, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion of Savarino's counsel, insofar as it seeks to withdraw as counsel, is granted, and

It is further ORDERED that the motion of Savarino's counsel, insofar as it seeks an extension of time for Savarino to file and serve a respondent's brief, is granted on the condition that the brief is filed and served on or before March 31, 2011, and the Clerk shall accept the brief for filing, and

It is further ORDERED that appellant's motion is granted and appellant shall file and serve its reply brief in response to respondents' briefs on or before April 15, 2011, and the Clerk shall accept the brief for filing, and

It is further ORDERED that the appeal is removed from the Court's day calendar for April 4, 2011, and added to the Court's calendar for the term commencing May 16, 2011.

Entered: March 8, 2011

Patricia L. Morgan, Clerk