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

DOCKET NO. CA 13-01289

MARITZA RACHLIN AND DENNIS R. RACHLIN, PLAINTIFFS-RESPONDENTS, V MICHAELS ARTS & CRAFTS, MICHAELS STORES, INC., AND BOULEVARD MALL EXPANSION, LLC, DEFENDANTS-APPELLANTS. MICHAELS STORES, INC., AND MICHAELS ARTS & CRAFTS, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V BOULEVARD MALL EXPANSION, LLC, THIRD-PARTY DEFENDANT-APPELLANT.

Appellants Michaels Arts & Crafts and Michaels Stores, Inc. (Michaels) having moved for an extension of time to perfect an appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 12, 2012, and for other relief,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to September 30, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the order entered October 12, 2012, are hereby consolidated, and

It is further ORDERED that Michaels shall perfect their appeal on or before November 15, 2013, by filing 10 copies of a brief and the original stipulated abbreviated record as described in the affidavit of Michael J. Willett, Esq., and 10 copies of such record and proof of service of the record and brief, and, in the event of failure to so perfect, the appeal is dismissed without further order, and

It is further ORDERED that the time for Michaels to file and serve a brief in response to the appellate brief of Boulevard Mall Extension, LLC, is hereby extended to November 15, 2013.

Entered: October 21, 2013

Frances E. Cafarell, Clerk