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

DOCKET NO. CA 13-01385

IN THE MATTER OF SHERIDAN PARK, INC., AND AMIGONE FUNERAL HOME, INC., PETITIONERS-APPELLANTS, V NEW YORK STATE DIVISION OF CEMETERIES, NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CEMETERIES, NEW YORK STATE CEMETERY BOARD, NEW YORK STATE DEPARTMENT OF STATE, RICHARD D. FISHMAN, DIRECTOR OF NEW YORK STATE DIVISION OF CEMETERIES, NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CEMETERIES, CESAR A. PERALES, NEW YORK STATE SECRETARY OF STATE AND MEMBER OF NEW YORK STATE CEMETERY BOARD, NEW YORK STATE DEPARTMENT OF STATE, ERIC T. SCHNEIDERMAN, AS NEW YORK STATE ATTORNEY GENERAL AND A MEMBER OF NEW YORK STATE CEMETERY BOARD, AND NIRAV R. SHAH, M.D., M.P.H., AS NEW YORK STATE COMMISSIONER OF HEALTH AND A MEMBER OF NEW YORK STATE CEMETERY BOARD, RESPONDENTS-RESPONDENTS.

Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 23, 2013,

Now, upon reading and filing the affirmation of Julie M. Sheridan, Esq., dated August 20, 2013, the notice of motion with proof of service thereof, and the affidavit of Chanel T. McCarthy, Esq., sworn to August 27, 2013, 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 October 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 October 28, 2013.

Entered: September 6, 2013

Frances E. Cafarell, Clerk