PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01151

IN THE MATTER OF LIGHTHOUSE POINTE PROPERTY ASSOCIATES LLC, PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALEXANDER B. GRANNIS, COMMISSIONER, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND DALE A. DESNOYERS, DIRECTOR, DIVISION OF ENVIRONMENTAL REMEDIATION, RESPONDENTS-RESPONDENTS, TOWN OF IRONDEQUOIT AND CITY OF ROCHESTER, INTERESTED OR NECESSARY PARTIES.

Respondents having moved for an extension of time to file and serve a brief and appellant having cross-moved for an extension of time to file and serve a reply brief 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 August 18, 2010,

Now, upon reading and filing the affirmation of Julie M. Sheridan, Esq., dated June 17, 2011, the affirmation of Alan J. Knauf, Esq., dated June 29, 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 the motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted on the condition that the brief is filed and served on or before August 5, 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 22, 2011, and

It is further ORDERED that the cross motion is dismissed as premature.

Entered: July 6, 2011

Patricia L. Morgan, Clerk