PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. CA 10-02518

STEVEN M. GARBER & ASSOCIATES, A PROFESSIONAL CORPORATION, PLAINTIFF-RESPONDENT, V KIM JOHN ZUBER, DEFENDANT-APPELLANT, JOSEPH J. BOSCO CARDOZO, M.D., DEFENDANT.

Respondent having moved for an order striking the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 21, 2010, and for an extension of time to file and serve a respondent's brief on the aforementioned appeal,

Now, upon reading and filing the affirmation of Peter M. Agulnick, Esq., dated May 26, 2011, the notice of motion with proof of service thereof, the affirmation of Thomas G. Smith, Esq., dated June 7, 2011, the affidavit of Jessica L. Muratore, sworn to June 9, 2011, and the affidavit of LaFon Howard, sworn to June 8, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike the record is denied, and

It is further ORDERED the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted to the extent and on condition that the brief is filed and served on or before July 20, 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 August 4, 2011.

Entered: June 28, 2011

Patricia L. Morgan, Clerk