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

DOCKET NO. CA 13-00277

THOMAS J. PIERONI, BENTLEY HOLDINGS, INC., DOING BUSINESS AS AUTOMOTIVE FLEET LEASING CO., PLAINTIFFS-APPELLANTS, ET AL., PLAINTIFFS, V FORD MOTOR CREDIT COMPANY LLC, FORMERLY KNOWN AS FORD MOTOR CREDIT COMPANY, DEFENDANT-RESPONDENT. PHILLIPS LYTLE LLP, CRAIG A. LESLIE, ESQ., AND JOANNA DICKINSON, ESQ., INTERVENORS-RESPONDENTS.

Intervenors-respondents having moved for permission to intervene as respondents, and for an extension of time to file and serve a brief, on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 18, 2012, and

Appellants having cross-moved for an order mandating that intervenor-respondent Phillips Lytle LLP and associates withdraw as counsel for defendant,

Now, upon reading and filing the affidavit of Lawrence J. Vilardo, Esq., sworn to September 11, 2013, the affidavit of B.P. Oliverio, Esq., sworn to September 18, 2013, the notices of motion and cross motion with proof of service thereof, and the affidavit of Paul Morris-Taylor, Esq., sworn to September 20, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that intervenors-respondents' motion is granted to the extent that intervenors-respondents are granted leave to intervene and appear as respondents on this appeal, on the condition that intervenors-respondents' brief is filed and served on or before November 12, 2013, and the Clerk is directed to accept intervenors-respondents' brief for filing, and

It is further ORDERED that reply briefs in response to intervenors-respondents' brief, if any, shall be filed and served on or before November 27, 2013, and

It is further ORDERED that appellants' cross motion is denied.

Entered: October 24, 2013

Frances E. Cafarell, Clerk