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

DOCKET NO. CA 12-01124
DOCKET NO. CA 12-01472

TRG ADVISORS, INC. FORMERLY KNOWN AS P & A FINANCIAL SECURITIES, INC., TOUCHSTONE RETIREMENT GROUP, LLC, TOUCHSTONE-TRPC, LLC, R.J. WATSON, INC., AND CANDYCE WATSON AS TRUSTEE OF THE R.J. WATSON, INC. 401 (k) PLAN, PLAINTIFFS-APPELLANTS, V P & A RETIREMENT PLAN SERVICES, INC, P & A ADMINISTRATIVE SERVICES, INC., MICHAEL A. RIZZO AND JOSEPH PRISELAC, JR., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) TRG ADVISORS, INC. FORMERLY KNOWN AS P & A FINANCIAL SECURITIES, INC., PLAINTIFF-APPELLANT-RESPONDENT, TOUCHSTONE RETIREMENT GROUP, LLC, TOUCHSTONE-TRPC, LLC, R.J. WATSON, INC., AND CANDYCE WATSON AS TRUSTEE OF THE R.J. WATSON, INC. 401 (k) PLAN, PLAINTIFFS, V P & A RETIREMENT PLAN SERVICES, INC, P & A ADMINISTRATIVE SERVICES, INC., MICHAEL A. RIZZO AND JOSEPH PRISELAC, JR., DEFENDANTS-RESPONDENTS-APPELLANTS. P & A RETIREMENT PLAN SERVICES, INC., P & A ADMINISTRATTIVE SERVICES, INC., MICHAEL A. RIZZO AND JOSEPH PRISELAC, JR., THIRD-PARTY PLAINTIFFS, V PAUL S. DUGGAN, THIRD-PARTY DEFENDANT. (APPEAL NO. 2.)

Defendants having moved for an extension of time to file and serve a brief on the appeals taken from an order entered March 9, 2012 (appeal No. 1), and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2012 (appeal No. 2), and having moved for an extension of time to perfect the cross appeal taken herein from the order and judgment entered July 18, 2012, and

Plaintiffs having cross-moved to dismiss the appeal from the order and judgment entered July 18, 2012, on the ground that defendants have failed to perfect timely the cross appeal from that order,

Now, upon reading and filing the affirmations of Jonathan Schapp, Esq., dated November 21, 2012, and December 7, 2012, the affirmation of David E. Gutowski, Esq., dated November 6, 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 defendants' motion insofar as it seeks an extension of time to file and serve a brief on the appeals is granted on the condition that the brief is filed and served on or before January 10, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that plaintiffs' reply briefs, if any, shall be filed and served on or before January 25, 2013, and

It is further ORDERED that plaintiffs' cross motion is granted and defendants' cross appeal from the order entered July 18, 2012, is dismissed without further order unless the cross appeal is perfected on or before January 10, 2013, and

It is further ORDERED that defendants' motion for an extension of time to perfect their cross appeal is dismissed as unnecessary.

Entered: December 11, 2012

Frances E. Cafarell, Clerk