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

DOCKET NO. CA 14-01269

LATISHA JOHNSON, PLAINTIFF-RESPONDENT, V WAL-MART, BG THRUWAY, LLC, AND DEVELOPERS DIVERSIFIED REALTY CORPORATION, DEFENDANTS-APPELLANTS-RESPONDENTS, EAGLE RIDGE SPECIALTY PROPERTY SERVICES, INC., AND JAMES BARONE, DEFENDANTS-RESPONDENTS-APPELLANTS.

Plaintiff-respondent 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 Erie on January 17, 2014, and

Defendants-respondents-appellants having cross-moved for an extension of time both to file a brief and to perfect their cross appeal from the order entered January 17, 2014,

Now, upon reading and filing the affidavit of Christine Vogel, Esq., sworn to August 6, 2014, the affidavit of Richard S. Juda, Jr., Esq., sworn to August 12, 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 plaintiff-respondent's motion is granted on the condition that the brief is filed and served on or before September 22, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs to plaintiff-respondent's brief, if any, shall be filed and served on or before October 7, 2014, and

It is further ORDERED that defendants-respondents-appellants' cross motion is granted

on the condition that the cross appeal is perfected and the brief is filed and served on or before September 22, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs to defendants-respondents-appellants' brief, if any, shall be filed and served on or before October 7, 2014.

Entered: August 21, 2014

Frances E. Cafarell, Clerk