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

DOCKET NO. CA 14-01999

RICH PRODUCTS CORPORATION, PLAINTIFF-APPELLANT-RESPONDENT, V KENYON & KENYON, LLP, DEFENDANT-RESPONDENT-APPELLANT.

Defendant having moved for an extension of time to file and serve a respondent's 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 June 19, 2014, having moved for an extension of time to perfect its cross appeal, and having moved for other relief,

Now, upon reading and filing the affirmation of Dennis R.McCoy, Esq., dated November 10, 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 insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the respondent's brief is filed and served on or before January 9, 2015, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs to defendant's brief, if any, shall be filed and served on or before January 26, 2015, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect defendant's cross appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion is otherwise dismissed as premature without prejudice to new motions for the same relief by the respective parties after defendant's cross appeal is perfected and its respondent's brief is filed and served.

Entered: December 9, 2014

Frances E. Cafarell, Clerk