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 AXA Advisors, LLC 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 its cross appeal from the order entered September 1, 2011, and for other relief,

Now, upon reading and filing the affirmation of Eileen Stassa, Esq., dated August 28, 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 a 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 AXA Advisors' respondent's brief, if any, shall be filed and served on or before October 9, 2012, and

It is further ORDERED that AXA Advisors' motion insofar as its seeks to vacate dismissal of its cross appeal is granted, on the condition that it perfects its cross appeal on or before September 21, 2012.

Entered: September 13, 2012

Frances E. Cafarell, Clerk