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

DOCKET NO. CA 11-00864

ILLINOIS UNION INSURANCE COMPANY, PLAINTIFF, V ARRIC CORPORATION, ET AL, DEFENDANTS. ARRIC CORPORATION, THIRD-PARTY PLAINTIFF, V FIREMAN'S FUND INSURANCE COMPANY AND NATIONAL SURETY CORPORATION, THIRD-PARTY DEFENDANTS-APPELLANTS, ET AL., THIRD-PARTY DEFENDANTS, GUARD CONTRACTING CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT.

Third-party defendants-appellants having moved for an order modifying this Court's September 7, 2011, scheduling order by granting an extension of time in which respondent must file and serve its brief and adjourning oral argument on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 30, 2010,

Now, upon reading and filing the affirmation of Roger B. Lawrence, Esq., dated September 16, 2011, the notice of motion with proof of service thereof, and the affidavit of Victor Alan Oliveri, Esq., sworn to September 16, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to amend this Court's scheduling order by extending the time in which respondent must file and serve its brief is granted on the condition that the brief is filed and served on or before December 6, 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 December 21, 2011, and

It is further ORDERED that the motion insofar as it seeks to adjourn oral argument is granted, and the appeal shall be removed from the term of this Court commencing January 17, 2012, and added to the term of this Court commencing March 26, 2012.

Entered: October 26, 2011

Patricia L. Morgan, Clerk