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

DOCKET NO. CA 13-01023

RONALD C. VANYO, PLAINTIFF-RESPONDENT, V ANN M. VANYO, DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to perfect 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 October 5, 2012, and

Respondent having cross-moved to dismiss the appeal taken from the order entered October 5, 2012, and having moved for other relief,

Now, upon reading and filing the affidavits of Justin S. White, Esq., sworn to August 15, 2013, and August 22, 2013, the affidavit of Robert R. Vario, Esq., sworn to August 27, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is granted to the extent that the ordering paragraph of the order of this Court entered July 2, 2013, is hereby amended by deleting the date September 13, 2013, and inserting in its place the date November 12, 2013, and

It is further ORDERED that respondent's cross motion insofar as it seeks to dismiss the appeal is denied with leave for respondent to raise in his respondent's brief the issues raised in the cross motion, and

It is further ORDERED that the cross motion is otherwise denied.

Entered: September 13, 2013

Frances E. Cafarell, Clerk