PRESENT: SCUDDER, P. J., SMITH, PERADOTTO, WHALEN, AND MARTOCHE, JJ.

DOCKET NO. CA 12-00128

SUSAN GATELY, PLAINTIFF-RESPONDENT, V JAMES GATELY, DEFENDANT-APPELLANT.

Respondent having moved to dismiss the appeal for failure to include necessary documents in the appendix and having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 28, 2011,

Now, upon reading and filing the affidavits of Michael J. Willett, Esq., sworn to July 22, 2013, and July 30, 2013, the notices of motion with proof of service thereof, and the affidavits of John A. Cirando, Esq., sworn to July 30, 2013, and August 8, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted, and the appeal is dismissed without further order unless appellant files and serves on or before September 16, 2013, in accordance with the Court's rules, a supplemental appendix including the exhibits set forth in paragraph 20 of said affidavit of Michael J. Willett, Esq., sworn to July 30, 2013, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief and appendix, if any, is filed and served on or before October 21, 2013, and the Clerk is directed to accept the brief and appendix, if any, for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before November 6, 2013.

Entered: August 15, 2013

Frances E. Cafarell, Clerk