PRESENT: CENTRA, J.P., FAHEY, SCONIERS, WHALEN, DEJOSEPH, JJ.

DOCKET NO. CA 14-00390

BERO FAMILY PARTNERSHIP, JOHN J. BERO, III, DONALD G. BERO, II, MARGARET BERO MAGGIONE, DOROTHY C. BERO, JUDITH A. BERO, DONALD G. BERO, THOMAS J. BERO, JOHN J. BERO, JR., MARION P. BERO, ROBERT M. BERO, STEVEN M. BERO, DAVID M. BERO, LORRAINE BERO MCGUIGAN, CHRISTINE M. MOORE AND GREGORY MOORE, PLAINTIFFS-RESPONDENTS-APPELLANTS, V DONALD ELARDO, DEFENDANT-APPELLANT, L.M. SESSLER EXCAVATING & WRECKING, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT. DONALD ELARDO, THIRD-PARTY PLAINTIFF-APPELLANT, V L.M. SESSLER EXCAVATING & WRECKING, INC., THIRD-PARTY DEFENDANT-RESPONDENT, ET AL., THIRD-PARTY DEFENDANT.

Plaintiffs-respondents-appellants having moved for an extension of time to file and serve a respondents-appellants' brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 12, 2013,

Now, upon reading and filing the affirmation of Chad W. Flansburg, Esq., dated April 21, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that respondents-appellants' brief is filed and served on or before May 19, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that defendant-appellant Donald Elardo's reply brief to respondents-appellants' brief, if any, shall be filed and served on or before June 2, 2014, and

It is further ORDERED that defendant-respondent L.M. Sessler Excavating & Wrecking, Inc.'s respondent's brief to respondents-appellants' brief shall be file and served on or before June 23, 2014, and the Clerk is directed to accept the brief for filing.

Entered: May 5, 2014

Frances E. Cafarell, Clerk