PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND WHALEN, JJ.

DOCKET NO. CA 13-01338

621 PAYNE AVENUE, LLC, PLAINTIFF-RESPONDENT, V UNION FREE SCHOOL DISTRICT NO. 1 OF NORTH TONAWANDA, ALSO KNOWN AS NORTH TONAWANDA CITY SCHOOL DISTRICT, DEFENDANT-APPELLANT.

Appellant having moved to extend the time to file and serve a reply brief, to strike portions of respondent's brief, to file and serve a supplemental record, and to extend the page limit for the reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 31, 2013,

Now, upon reading and filing the affidavit of Stephen A. Sharkey, Esq., sworn to October 11, 2013, the notice of motion with proof of service thereof, the affidavit of Thomas F. Knab, Esq., sworn to October 18, 2013, and the stipulation of Thomas F. Knab, Esq., and Stephen A. Sharkey, Esq., dated October 18, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve a reply brief is granted on the condition that the brief is filed and served on or before November 12, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the motion is granted, upon respondent's consent, insofar as it seeks to strike Point II (C) of respondent's brief, at pages 41-43, and any related request for such relief in respondent's brief, including paragraph 3 at page 4 and Question Presented 4 at pages 6-7, and

It is further ORDERED that the motion is granted, upon respondent's consent, insofar as it seeks to strike Point IV of respondent's brief, at pages 47-48, and any related request for such relief in respondent's brief, including paragraph 5 at page 5 and Question Presented 6 at page 7, and

It is further ORDERED that the motion is otherwise dismissed on the ground that it was withdrawn by appellant.

Entered: October 23, 2013

Frances E. Cafarell, Clerk