PRESENT: SCUDDER, P. J., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 11-00424

ANNA STRANZ, PLAINTIFF V NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA), BURNS INTERNATIONAL SECURITY SERVICES CORPORATION AND SECURITAS SECURITY SERVICES USA, INC., DEFENDANTS. NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA), THIRD-PARTY PLAINTIFF, BURNS INTERNATIONAL SECURITY SERVICES CORPORATION AND SECURITAS SECURITY SERVICES USA, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS, V WEST VALLEY NUCLEAR SERVICES COMPANY, LLC, THIRD-PARTY DEFENDANT-APPELLANT.

Plaintiff Anna Stranz and Third-party plaintiffs-respondents Burns International Security Services Corporation and Securitas Security Services USA, Inc. having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 26, 2010,

Now, upon reading and filing the affidavit of J. Michael Lennon, Esq. sworn to March 29, 2011, the affidavit of Christopher M. Pannozzo, Esq. sworn to March 31, 2011, the notices of motion with proof of service thereof, and the affidavit of Christopher L. Hayes, Esq. sworn to April 6, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion is denied, and

It is further ORDERED that the third-party plaintiffs-respondents' motion is granted on the condition that the brief is filed and served on or before June 27, 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 July 12, 2011.

Entered: May 26, 2011

Patricia L. Morgan, Clerk