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

DOCKET NO. CA 13-02002

DREW M. VEROST AND KIMBERLY VEROST, PLAINTIFFS-APPELLANTS, V MITSUBISHI CATERPILLAR FORKLIFT AMERICA, INC., NUTTALL GEAR, LLC, NUTTALL GEAR CORPORATION, DELROYD WORM GEAR, ALTRA HOLDINGS, INC., ALTRA INDUSTRIAL MOTION, INC., BUFFALO LIFT TRUCKS, INC., AND MULLEN INDUSTRIAL HANDLING CORP., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Respondent Mitsubishi Caterpillar Forklift America Inc. 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 Niagara on August 13, 2013, and

Appellants having cross-moved for an extension of time to file a reply brief in response to all of respondents' briefs,

Now, upon reading and filing the affidavit of Edward P. Perlman, Esq., sworn to May 6, 2014, the affirmation of Alan D. Voos, Esq., dated May 9, 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 respondent Mitsubishi Caterpillar Forklift America Inc.'s motion is granted on the condition that the brief is filed and served on or before June 30, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that appellants' cross motion is granted on the condition the reply brief is filed and served on or before July 15, 2014, and the Clerk is directed to accept the brief for filing.

Entered: May 30, 2014

Frances E. Cafarell, Clerk