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

DOCKET NO. CA 14-02111
DOCKET NO. CA 14-02112
DOCKET NO. CA 14-02113
DOCKET NO. CA 14-02114

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLYAND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS-RESPONDENTS, V CITY OF NIAGARA FALLS, GLENN SPRINGS HOLDINGS, INC., GROSS PHC LLC, MILLER SPRINGS REMEDIATION MANAGEMENT, INC., OXY, INC. FORMERLY KNOWN AS OCCIDENTAL CHEMICAL CORPORATION, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO HOOKER CHEMICALS AND PLASTICS CORPORATION, OP-TECH ENVIRONMENTAL SERVICES, DEFENDANTS-RESPONDENTS-APPELLANTS, ROY'S PLUMBING, INC., DEFENDANT-RESPONDENT, SCOTT LAWN YARD, INC., DEFENDANT-RESPONDENT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1.) JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS, V CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, SEVENSON ENVIRONMENTAL SERVICES, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS, V CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, CONESTOGA-ROVERS & ASSOCIATES, DEFENDANT-RESPONDENT. (APPEAL NO. 3.) JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS, V CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, CECOS INTERNATIONAL, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 4.)

Defendants-respondents-appellants Scott Lawn Yard, Inc., Gross PHC, LLC, OP-Tech Environmental Services, Glenn Springs Holdings, Inc., Miller Springs Remediation Management, Inc., Occidental Chemical Corporation, Sevenson Environmental Services, Inc., and CECOS International, Inc. having moved for an extension of time to file briefs on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 20, 2014 (appeal No. 1), August 15, 2014 (appeal Nos. 2 and 3), and August 22, 2014 (appeal No. 4),

Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq., dated January 30, 2015, the affidavit of Patricia S. Ciccarelli, Esq., sworn to January 30, 2015, the affidavit of Jeffrey D. Schulman, Esq., sworn to January 30, 2015, the affidavit of Andrew P. Devine, Esq., sworn to January 30, 2015, the affidavit of David R. Adams, Esq., sworn the January 30, 2015, and the affidavit of Nelson Perel, Esq., sworn to January 30, 2015, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted on the condition that defendants-respondents-appellants' briefs are filed and served on or before April 1, 2015, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that plaintiffs-appellants-respondents' reply briefs, if any, shall be filed and served on or before May 18, 2015, and

It is further ORDERED that defendants-respondents-appellants' surreply briefs, if any, regarding appeal No. 1 shall be filed and served on or before June 17, 2015, and the Clerk is directed to accept the briefs for filing.

Entered: February 13, 2015

Frances E. Cafarell, Clerk