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

DOCKET NO. CA 12-01965

ANDERSON & ANDERSON, LLP-GUANGZHOU, PLAINTIFF-APPELLANT-RESPONDENT, V INCREDIBLE INVESTMENTS LIMITED, SHMUEL SHMUELI AND DAVID HO, DEFENDANTS-RESPONDENTS-APPELLANTS.

Counsel for defendants having moved to withdraw as counsel and having moved for an extension of time for defendants to file and serve their 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 February 16, 2012, and for an extension of time to perfect their cross appeal from said order,

Now, upon reading and filing the affirmation of Andrew Lavoott, Bluestone, Esq., dated November 5, 2012, the notice of motion with proof of service thereof, and the affirmation of David C. Buxbaum, Esq., dated December 3, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to withdraw as counsel is granted, and

It is further ORDERED that the motion insofar as it seeks an extension of time to both file and serve a brief on the appeal and to perfect the cross appeal is granted on the condition that defendants' brief addressing both the appeal and cross appeal is filed and served on or before January 22, 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 6, 2013.

Entered: December 20, 2012

Frances E. Cafarell, Clerk