PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. CA 13-00013

ROBERT M. PAYTON, PLAINTIFF-RESPONDENT, V 5391 TRANSIT ROAD, LLC, AND CARROLS CORPORATION, DEFENDANTS-APPELLANTS. CARROLS, LLC, A WHOLLY OWNED SUBSIDIARY OF CARROLS CORPORATION, THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, V JOSEPH H. TUDOR, DOING BUSINESS AS JM ENTERPRISES, THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.

Defendants-appellants 5391 Transit Road, LLC, and Carrols Corporation having moved for an extension of time to file and serve a reply brief on an appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 9, 2012,

Now, upon reading and filing the affidavits of Robert P. Cahalan, Esq., sworn to February 15, 2013, and February 19, 2013, the statement of Robert P. Cahalan, Esq., received February 25, 2013, the notice of motion with proof of service thereof, and the affirmations of Laurence D. Behr, Esq., dated February 19, 2013, and February 21, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file a reply brief in response to plaintiff's respondent's brief is granted on the condition that the brief is filed and served on or before March 19, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the motion is otherwise dismissed because third-party defendant-appellant-respondent did not file a respondent's brief.

Entered: March 8, 2013

Frances E. Cafarell, Clerk