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

DOCKET CA 12-01114
DOCKET NO. CA 12-01116

LLORD BYRON BROOKS, III, FRANK FLAY, RICHARD S. LAING, JR., AND FRANK WICKINS, PLAINTIFFS-APPELLANTS-RESPONDENTS, V AXA ADVISORS, LLC, AND RICHARD JEFFREY JEROME, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) LLORD BYRON BROOKS, III, FRANK FLAY, RICHARD S. LAING, JR., AND FRANK WICKINS, PLAINTIFFS-APPELLANTS, V AXA ADVISORS, LLC AND RICHARD JEFFREY JEROME, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Defendant Richard Jeffrey Jerome having moved for an extension of time to file and serve a respondent's 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 1, 2011 (appeal No. 1), and December 6, 2011 (appeal No. 2), having moved for an extension of time to perfect his cross appeal from the order entered September 1, 2011, and having moved for other relief,

Now, upon reading and filing the affirmation of Steven E. Mellen, Esq., dated August 14, 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 insofar as it seeks an extension of time to file and serve Richard Jeffrey Jerome's respondent's brief is granted on the condition that the brief is filed and served on or before September 21, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that plaintiffs' briefs replying to Richard Jeffery Jermone's respondent's brief, if any, shall be filed and served on or before October 9, 2012, and

It is further ORDERED that Richard Jeffrey Jerome's motion insofar as its seeks to vacate dismissal of his cross appeal is granted, on the condition that he perfects his cross appeal on or before September 21, 2012.

Entered: August 28, 2012

Frances E. Cafarell, Clerk