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

DOCKET NOS. CA 11-02289 AND CA 11-02290

IN THE MATTER OF ANTHONY DEPERNO, INDIVIDUALLY, AND ON BEHALF OF VICTORY SIGN, INC., PETITIONER-RESPONDENT-APPELLANT, V TOWN OF VERONA, OWEN E. WALLER, INDIVIDUALLY, AND AS SUPERVISOR THEREOF, GERALD ZIMMERMAN, DEPUTY SUPERVISOR, KENNETH REGNER, RICHARD RADOS, SCOTT MUSACCHIO, INDIVIDUALLY, AND COLLECTIVELY AS MEMBERS OF TOWN BOARD OF TOWN OF VERONA, TOWN OF VERONA ZONING BOARD OF APPEALS, RAYMOND ULRICH, CHAIRMAN, AND WALTER HOJNACKI, JEFFERY KAHLER, CHARLES WIRTENSON AND HENRY GERWIG, INDIVIDUALLY, AND COLLECTIVELY AS MEMBERS THEREOF, CHRIS CHILDS, INDIVIDUALLY, AND AS TOWN OF VERONA CODES ENFORCEMENT OFFICER, AND PATRICIA E. NESTLE, INDIVIDUALLY, AND AS TOWN OF VERONA TOWN CLERK, JOINTLY AND SEVERALLY, RESPONDENTS-APPELLANTS-RESPONDENTS.

Petitioner having moved for an extension of time to file and serve a brief on the appeals taken herein from a judgment and order and an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 7, 2011,

Now, upon reading and filing the affidavit of Karen Khanzadian, Esq., sworn to May 11, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion to the extent that it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before July 20, 2012, 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 2, 2012, and

It is further ORDERED that the motion is dismissed insofar as it seeks an extension of

time to perfect petitioner's cross appeal, without prejudice to a motion to vacate dismissal of the cross appeal (see 22 NYCRR 1000.13 [g]).

Entered: May 30, 2012

Frances E. Cafarell, Clerk