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

DOCKET NO. CA 13-01025

IN THE MATTER OF NIAGARA PRESERVATION COALITION, INC., PETITIONER-APPELLANT, V NEW YORK POWER AUTHORITY, GIL C. QUINIONES, AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF NEW YORK POWER AUTHORITY, NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTOROIC PRESERVATION, ROSE HARVEY, AS COMMISSIONER OF NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AND MAID OF THE MIST CORPORATION, RESPONDENTS-RESPONDENTS.

Respondents Maid of the Mist Corporation having moved and respondents Rose Harvey 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 an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 25, 2013, and

Appellant Niagara Preservation Coalition, Inc. having cross-moved for an extension of time to file and serve a reply brief in response to all respondents' briefs,

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 affirmation of Linda R. Shaw, Esq., dated February 25, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

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

It is further ORDERED that appellant's cross motion is granted to the extent that appellant's reply brief in response to all respondents' briefs, if any, shall be filed and served on or before April 28, 2014.

Entered: March 10, 2014

Frances E. Cafarell, Clerk