PRESENT: SCUDDER, P. J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. CA 12-00809
DOCKET NO. CA 12-00810

RENEE SCIARA AND MATTHEW SCIARA, PLAINTIFFS-APPELLANTS-RESPONDENTS, V SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C., AND GEORGE BLESSIOS, M.D., DEFENDANTS-RESPONDENTS. USHA CHOPRA, M.D. AND FAGER AND AMSLER, LLP, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) RENEE SCIARA AND MATTHEW SCIARA, PLAINTIFFS-APPELLANTS, V SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C., AND GEORGE BLESSIOS, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Plaintiffs having moved to strike portions of defendants-respondents' brief and for an extension of time to file and serve a reply brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2011, and September 19, 2011, and

Respondents-appellants having cross-moved to vacate dismissal of their cross appeal taken herein from the order entered September 14, 2011,

Now, upon reading and filing the affidavits of Brian P. Fitzgerald, Esq., sworn to August 2, 2012, and August 9, 2012, the affidavit of Nancy E. May-Skinner, Esq., sworn to August 6, 2012, the notices of motion and cross motion with proof of service thereof, and the affidavit of Elizabeth G. Adymy, Esq., sworn to August 9, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiffs' motion insofar as it seeks to strike portions defendants-respondents' brief is denied, and

It is further ORDERED that plaintiffs' motion insofar as it seeks an extension of time to file and serve their reply brief is granted on the condition that the reply brief is filed and served on or before August 31, 2012, and

It is further ORDERED that respondents-appellants' cross motion insofar as it seeks to vacate dismissal of their cross appeal is granted and the cross appeal is deemed to be timely perfected.

Entered: August 16, 2012

Frances E. Cafarell, Clerk