PRESENT: SMITH, J.P., CENTRA, CARNI, GREEN, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00385
DOCKET NO. CA 11-00330

IN THE MATTER OF THOMAS C. ZEMBIEC, PETITIONER-RESPONDENT, V COUNTY OF MONROE, MONROE COUNTY SHERIFF'S DEPARTMENT, PATRICK O'FLYNN, SHERIFF, MONROE COUNTY SHERIFF'S DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND UNDERSHERIFF GARY CAIOLA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF THOMAS C. ZEMBIEC, PETITIONER-RESPONDENT-APPELLANT, V COUNTY OF MONROE, MONROE COUNTY SHERIFF'S DEPARTMENT, PATRICK O'FLYNN, SHERIFF, MONROE COUNTY SHERIFF'S DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND UNDERSHERIFF GARY CAIOLA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, RESPONDENTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.)

Petitioner having moved for an extension of time to file and serve a brief on the appeals taken herein from a judgment and amended judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 15, 2010 (Appeal No. 1), and May 18, 2010 (Appeal No. 2), petitioner having also moved to vacate dismissal of his cross appeal in Appeal No. 2, and petitioner having moved for other relief,

Now, upon reading and filing the affidavit of Christina A. Agola, Esq. sworn to May 6, 2011, the notice of motion with proof of service thereof, and the affirmation of James L. Gelormini, Esq. dated May 12, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to extend time to file a respondent's brief and to vacate dismissal of petitioner's cross appeal, on the condition that petitioner's brief responding to the appeal and arguing the cross appeal is filed and served on or before June 3, 2011, and the Clerk is directed to accept the brief for filing.

Entered: May 26, 2011

Patricia L. Morgan, Clerk