PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

DOCKET NO. CA 13-00603

IN THE MATTER OF VILLAGE OF SCOTTSVILLE, PETITIONER-RESPONDENT, V JAMIE SWANN, RESPONDENT-APPELLANT.

Appellant having moved for leave to file and serve a superseding, supplemental, reply brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 31, 2012, and for an adjournment of the appeal,

Now, upon reading and filing the affidavit of Steven E. Laprade, Esq., sworn to November 1, 2013, the notice of motion with proof of service thereof, and the affidavit of Peter K. Skivington, Esq., sworn to November 7, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellant may file a supplemental appellant's brief on the condition that the brief is filed and served on or before December 12, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that petitioner's supplemental respondent's brief shall be filed and served on or before January 16, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the motion is granted to the extent that the appeal is removed from the Court's day calendar for December 5, 2013, and added to the calendar for the term of this Court commencing February 24, 2014.

Entered: November 14, 2013

Frances E. Cafarell, Clerk