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

DOCKET NO. CA 14-01772

HELEN F. DRISCOLL AND THOMAS DRISCOLL, PLAINTIFFS-RESPONDENTS-APPELLANTS, V BJ'S WHOLESALE CLUB, INC., DEFENDANT-APPELLANT-RESPONDENT, AND PAUL F. VITALE, INC., DEFENDANT-APPELLANT.

Plaintiffs having moved for an extension of time to file and serve a brief on the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on December 19, 2013, and for an extension of time to perfect their cross appeal from said order, and

Defendant-appellant Paul F. Vitale, Inc. having cross-moved to vacate dismissal of its appeal taken from the order entered December 19, 2013,

Now, upon reading and filing the affidavit of Michael G. Bersani, Esq., sworn to October 22, 2014, the affidavit of Elizabeth A. Hoffman, Esq., sworn to October 24, 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 plaintiffs' motion is granted on the condition that plaintiffs' cross appeal is perfected and their respondents' brief is filed and served on or before December 17, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs in response to any respondents' brief filed by plaintiffs shall be filed and served on or before January 2, 2015, and,

It is further ORDERED that defendant-appellant Paul F. Vitale, Inc.'s cross motion is granted, on the condition that the appeal of defendant-appellant Paul F. Vitale, Inc. is perfected on or before November 17, 2014.

Entered: November 7, 2014

Frances E. Cafarell, Clerk