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

DOCKET NO. CA 14-00252

HORNBLOWER YACHTS, LLC, PETITIONER-APPELLANT, V ROSE HARVEY, AS COMMISSIONER, NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, ANDY BEERS, AS EXECUTIVE DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, MAID OF THE MIST CORPORATION, GIL C. QUINONES, PRESIDENT AND CHIEF EXECUTIVE OFFICER, NEW YORK POWER AUTHORITY AND NEW YORK POWER AUTHORITY, RESPONDENTS-RESPONDENTS.

Respondent Maid of the Mist Corporation having moved and respondents Rose Harvey, Andy Beers and the New York State Office of Parks, Recreation and Historic Preservation having cross-moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on September 3, 2013,

Now, upon reading and filing the affidavit of Brian D. Gwitt, Esq., sworn to February 20, 2014, the affirmation of Owen Demuth, Esq., dated February 24, 2014, the notices of motion and cross motion with proof of service thereof, and the affirmation of David A. Joffe, Esq., dated February 27, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are granted on the condition that respondents Maid of the Mist Corporation, Rose Harvey, Andy Beers and the New York State Office of Parks, Recreation and Historic Preservation file and serve their briefs on or before April 9, 2014, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs in response to the briefs of respondents Maid of the Mist Corporation, Rose Harvey, Andy Beers and the New York State Office of Parks, Recreation and Historic Preservation, if any, shall be filed and served on or before April 24, 2014.

Entered: March 10, 2014

Frances E. Cafarell, Clerk