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

DOCKET NO. CA 13-01223

AARON MANOR REHABILITATION AND NURSING CENTER, LLC, PLAINTIFF-APPELLANT-RESPONDENT, V GRACE DIOGO AND ANNETTE LOUIS, DEFENDANTS-RESPONDENTS-APPELLANTS.

Defendants having moved 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 Monroe on September 4, 2012, and having moved to vacate dismissal of defendant's cross appeal from the order of the Supreme Court entered September 4, 2012,

Now, upon reading and filing the affirmation of Terrence C. Brown-Steiner, Esq., dated October 15, 2013 the notice of motion with proof of service thereof, and the affirmation of Heidi E. LaDuca, Esq., dated November 1, 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 respondents' brief is granted on the condition that the brief is filed and served on or before December 9, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 24, 2013, and

It is further ORDERED that the motion insofar as it seeks to vacate dismissal of the cross appeal is denied, with leave to renew upon making a new motion on or before November 15, 2013, that, among other things, sets forth sufficient facts to demonstrate a meritorious cross appeal (see 22 NYCRR 1000.13 [g]).

Entered: November 7, 2013

Frances E. Cafarell, Clerk