PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORKI, JJ.

DOCKET NO. CA 11-00499
DOCKET NO. CA 11-01030

DANA MESLER AND CYNTHIA MESLER, PLAINTIFFS-RESPONDENTS-APPELLANTS, V PODD LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION, ET AL., DEFENDANTS. JJK MANAGEMENT, INC., WEIGHT WATCHERS INTERNATIONAL, INC., AND WEIGHT WATCHERS NORTH AMERICA, INC., DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.) DANA MESLER, ET AL., PLAINTIFFS, V PODD LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION, ET AL., DEFENDANTS, DEVELOPERS DIVERSIFIED REALTY CORPORATION AND BG BCF, LLC, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V JJK MANAGEMENT, INC., THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Plaintiffs Dana Mesler and Cynthia Mesler having moved for an extension of time to perfect their cross appeal and for an extension of time to file and serve a respondents' brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 26, 2010,

Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated August 8, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered July 20, 2011, is hereby amended by deleting the date August 8, 2011, and inserting in its place the date August 31, 2011, and the Clerk is directed to accept plaintiffs' brief for filing, and

It is further ORDERED that reply briefs shall be filed and served on or before September 15, 2011, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before September 30, 2011.

Entered: August 26, 2011

Patricia L. Morgan, Clerk