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

DOCKET NO. CA 12-01105

LEE T. HENDRYX AND SHARON HENDRYX, PLAINTIFFS-RESPONDENTS-RESPONDENTS, V RICHARD M. PAYNE, SUZANNE PAYNE DEFENDANTS-APPELLANTS-RESPONDENTS, MARK NOLAN, DEFENDANT-RESPONDENT-APPELLANT, AND ENCHANTED VALLEY RENTALS, DEFENDANT. RICHARD M. PAYNE AND SUZANNE PAYNE, THIRD-PARTY PLAINTIFFS-APPELLANTS-RESPONDENTS, ENCHANTED VALLEY RENTALS, THIRD-PARTY PLAINTIFF, V MARK NOLAN, THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.

Plaintiffs Lee T. Hendryx and Sharon Hendryx having moved to dismiss the appeal of defendant Mark Nolan on the ground that he failed to perfect timely his appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 22, 2011, and having moved for an extension of time to file and serve briefs on said appeals,

Now, upon reading and filing the affidavit and statement of Ronald J. Wright, Esq., sworn to July 2, 2012, and dated July 10, 2012, respectively, 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 to dismiss the appeal of defendant Mark Nolan is dismissed, and

It is further ORDERED that the motion insofar as it seeks an extension of time for plaintiffs Lee T. Hendryx and Sharon Hendryx to file and serve briefs is granted on condition that their briefs are filed and served on or before August 20, 2012, and the Clerk is directed to accept their briefs for filing.

Entered: July 20, 2012

Frances E. Cafarell, Clerk