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

DOCKET NO. CA 13-00809

ACEA MOSEY, AS ADMINISTRATOR OF THE ESTATE OF LAURA CUMMINGS, DECEASED, PLAINTIFF-APPELLANT, V TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, DEFENDANT-RESPONDENT.

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 Erie on July 10, 2012, and having moved to strike the appendix to appellant's brief and those portions of the brief relying on the appendix,

Now, upon reading and filing the affirmation of Jeremy C. Toth, Esq., dated July 29, 2013, the notice of motion with proof of service thereof, and the affidavit of John T. Loss, Esq., sworn to August 9, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike the appendix to appellant's brief and references to the appendix in the brief, contained on pages 27 to 29, is granted, 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 is filed and served on or before September 11, 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 September 26, 2013.

Entered: August 16, 2013

Frances E. Cafarell, Clerk