PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.

DOCKET NO. CA 12-00714

BERNICE MALCOLM, PLAINTIFF-APPELLANT, V HONEOYE FALLS-LIMA CENTRAL SCHOOL DISTRICT, HONEOYE FALLS-LIMA EDUCATION ASSOCIATION AND NEW YORK STATE UNITED TEACHERS, DEFENDANTS-RESPONDENTS.

Appellant having moved for an extension of time to file and serve a reply brief in response to respondents Honeoye Falls-Lima Education Association and New York State United Teachers' brief, strike the supplemental record that this Court accepted for filing, and other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 22, 2011, and

Respondents having cross-moved to dismiss the appeal, or, in the alternative, to strike the appeal from the Court's calendar and to direct appellant to file a complete record, and having moved for other relief,

Now, upon reading and filing the affidavits of Bernice Malcolm sworn to October 15, 2012, and October 26, 2012, the affidavit of Anthony J. Brock, Esq., sworn to October 23, 2012, and the affirmation of Wayne A. Vander Byl, Esq., dated October 24, 2012, and the notices of motion and cross 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 for appellant to file a reply brief is granted on the condition that the brief is filed and served on or before December 17, 2012, and

It is further ORDERED that the motion and cross motions are otherwise denied.

Memorandum: Respondent Honeoye Falls-Lima Central School District's remedy is to move in Supreme Court to settle the record to include the documents submitted to Supreme Court that were excluded from the stipulation settling the record.

Entered: December 4, 2012

Frances E. Cafarell, Clerk