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

DOCKET NOS. CA 14-00117 AND CA 14-01436

ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V TOWN OF AMHERST, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2013, and November 26, 2013, and

Appellant having cross-moved for an extension of time to file and serve a reply brief on the aforementioned appeals, and to adjourn oral argument of the appeals,

Now, upon reading and filing the affirmations Matthew D. Miller, Esq., dated December 23, 2014, and December 29, 2014, the affidavit of Joseph DeMarie, Esq., sworn to December 26, 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's motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted to the extent that the first ordering paragraph of the order of this Court entered December 12, 2014, is hereby amended by deleting the date January 12, 2015, and inserting in its place the date February 2, 2015, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered December 12, 2014, is hereby amended by deleting the date February 9, 2015, and inserting in its place the date March 4, 2015, and

It is further ORDERED that appellant's motion insofar as it seeks to adjourn oral argument is granted, and the appeals are removed from the calendar for the term of this Court commencing April 6, 2015, and are added to the calendar for the term of this Court commencing May 18, 2015.

Entered: January 23, 2015

Frances E. Cafarell, Clerk