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

DOCKET NO. CA 12-01827

SUE/PERIOR CONCRETE & PAVING, INC., PLAINTIFF-RESPONDENT, V LEWISTON GOLF COURSE CORPORATION, SENECA NIAGARA FALLS GAMING CORPORATION, SENECA GAMING CORPORATION, JEFFREY L. GILL, MARK I. HALFTOWN, GLORIA HERON, MAURICE A. JOHN, SR., MICHAEL L. JOHN, KAREN KARSTEN, INA K. LOCKE, ROBERT E. MELE, RICHARD K. NEPHEW, MARIBEL PRINTUP, COCHISE N. REDEYE, GARY SANDEN, KEVIN W. SENECA, BARRY E. SNYDER, SR., AND STEVE TOME, DEFENDANTS-APPELLANTS, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

Plaintiff-respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 1, 2012,

Now, upon reading and filing the affidavit of Elizabeth A. Kraengel, Esq., sworn to December 6, 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 is granted on the condition that the brief is filed and served on or before February 4, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 19, 2013.

Entered: December 18, 2012

Frances E. Cafarell, Clerk