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

DOCKET NO. CA 10-02337
DOCKET NO. CA 11-00831

WENDY JOHNSON, DANE V. JOHNSON AND DANIKA V. JOHNSON, PLAINTIFFS-APPELLANTS, V NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, OFFICE OF NEW YORK STATE COMPTROLLER, THOMAS P. DINAPOLI, KIMBERLY LEONE JOHNSON, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 1.) WENDY JOHNSON, DANE V. JOHNSON AND DANIKA V. JOHNSON, PLAINTIFFS-APPELLANTS, V NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, OFFICE OF NEW YORK STATE COMPTROLLER, THOMAS P. DINAPOLI, KIMBERLY LEONE JOHNSON, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 2.)

Respondents having moved for an extension of time to file and serve their briefs on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 27, 2010, and February 3, 2011,

Now, upon reading and filing the affirmation of William E. Storrs, Esq., dated August 26, 2011, the affidavit of Frank J. Jacobson, Esq., sworn to August 30, 2011, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before October 18, 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 November 2, 2011.

Entered: September 19, 2011

Patricia L. Morgan, Clerk