PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORKI, JJ.

DOCKET NO. CA 11-00326

MARY HERBST AND JEFFREY HERBST, PLAINTIFFS-RESPONDENTS-APPELLANTS, V MARK MARSHALL, DEFENDANT-APPELLANT-RESPONDENT.

Plaintiffs having moved for an extension of time to file and serve a brief and perfect their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 18, 2010,

Now, upon reading and filing the affirmation of Kevin J. Graff, Esq., dated June 17, 2011, the notice of motion with proof of service thereof, and the affirmation of Victor M. Wright, Esq., dated June 21, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the cross appeal is granted to the extent that the ordering paragraph of the order of this Court entered April 22, 2011, is hereby amended by deleting the date June 17, 2011, and inserting in its place the date July 29, 2011, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is granted on the condition that the brief is filed and served on or before July 29, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that defendant's reply brief shall be filed and served on or before August 15, 2011.

Entered: June 28, 2011

Patricia L. Morgan, Clerk