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

DOCKET NO. CA 11-00712

DARLENE TODD, PLAINTIFF-RESPONDENT, V PLSIII, LLC-WE CARE, LEON C. WASHINGTON, DEFENDANTS-APPELLANTS, AND OSCAR HASLEY, JR., DEFENDANT-RESPONDENT. (ACTION NO. 1.) OSCAR HASLEY, JR., PLAINTIFF-RESPONDENT, V PLSIII, LLC-WE CARE, LEON C. WASHINGTON, DEFENDANTS-APPELLANTS. (ACTION NO. 2.)

Defendant-respondent 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 Niagara on December 30, 2010, and

Appellants having cross-moved for an extension of time to file a brief on the aforementioned appeal in reply to all respondents' briefs,

Now, upon reading and filing the affidavit of Matthew J. Rosno, Esq., sworn to May 10, 2011, the affirmation of Michael C. Lancer, Esq., dated May 17, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that defendant-respondent's motion is granted on the condition that the brief is filed and served on or before June 22, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that appellants' cross motion is granted on the condition that appellants' reply brief, if any, is filed and served on or before July 7, 2011.

Entered: June 7, 2011

Patricia L. Morgan, Clerk