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

DOCKET NO. CA 13-00545

DEREK MARTIN, PLAINTIFF-APPELLANT-RESPONDENT, V COLLEEN MARTIN, DEFENDANT-RESPONDENT-APPELLANT.

Defendant having moved to dismiss plaintiff's appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 20, 2012, for failure to perfect the appeal timely and completely and having moved, in the alternative, for an extension of time to file and serve a brief,

Now, upon reading and filing the affirmation of Jonathan Schapp, Esq., dated August 9, 2013, the notice of motion with proof of service thereof, and the affirmation of Richard T. Sullivan, Esq., dated August 22, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss plaintiff's appeal is granted on the condition that, on or before September 20, 2013, defendant mails to plaintiff a stipulation to the inclusion of trial Exhibits H, J, K, and O in the supplemental record, and

It is further ORDERED that, if defendant timely mails the stipulation to the supplemental record as described above, plaintiff's appeal is dismissed without further order unless plaintiff files and serves, on or before October 25, 2013, the supplemental record including trial Exhibits H, J, K, and O, and

It is further ORDERED that defendant's motion insofar as it seeks an extension of time to perfect her appeal and file and serve a respondent's brief is granted on the condition that the appeal is perfected and the brief is filed and served on or before November 29, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that plaintiff's reply brief shall be filed and served on or before December 16, 2013, and

It is further ORDERED that the appeals are removed from the term of this Court commencing January 13, 2014, and added to the term of this Court commencing February 24, 2014.

Entered: September 13, 2013

Frances E. Cafarell, Clerk