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

DOCKET NO. CA 11-02216

WILLIAM J. PEACOCK, III, PLAINTIFF-APPELLANT-RESPONDENT, V JUSTIN ROBIDOUX, TRACEY L. MILES, DEFENDANTS-RESPONDENTS, CARL R. ESTEP AND TWIN CITY TRANSPORTATION, INC., DEFENDANTS-RESPONDENTS-APPELLANTS.

Defendants Carl R. Estep and Twin City Transportation, Inc. having moved to extend the time to perfect their cross appeal, to extend the time to file and serve a brief 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 January 26, 2011, and to consolidate the appeal and cross appeal taken herein,

Now, upon reading and filing the affirmation of Jonathan S. Hickey, Esq., dated November 9, 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 insofar as it seeks an extension of time to perfect the cross appeal is granted and defendants Carl R. Estep and Twin City Transportation, Inc. shall perfect their cross appeal on or before December 30, 2011, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and

It is further 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 December 30, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs shall be filed and served on or before January 17, 2012, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeal and cross appeal taken herein is granted.

Entered: November 23, 2011

Patricia L. Morgan, Clerk