PRESENT: CENTRA, J.P., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.

DOCKET NO. CA 13-01599
DOCKET NO. CA 14-02027

MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, AND AS ASSIGNEE OF WILLIAM PORTER, PLAINTIFF-RESPONDENT, V AMERICAN INTERNATIONAL GROUP, INC., AIG DOMESTIC CLAIMS, INC., ET AL., DEFENDANTS, AND AMERICAN ALTERNATIVE INSURANCE CO., DEFENDANT-APPELLANT. MICHAEL J. CARLSON, SR., INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, AND AS ASSIGNEE OF WILLIAM PORTER, PLAINTIFF-RESPONDENT-APPELLANT, V AMERICAN INTERNATIONAL GROUP, INC., AIG DOMESTIC CLAIMS, INC., AMERICAN ALTERNATIVE INSURANCE CO., AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, DEFENDANTS-APPELLANTS-RESPONDENTS, AND DHL EXPRESS (USA), INC., FORMERLY KNOWN AS DHL WORLDWIDE EXPRESS, INC., DEFENDANT-RESPONDENT.

Plaintiff having moved for an extension of time to perfect the cross appeal and an extension of time to file and serve a respondent's brief on the appeals taken in docket No. CA 14-02027 from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on June 25, 2014, and

Now, upon reading and filing the affidavit of Angelo S. Gambino, Esq., sworn to February 5, 2015, the notice of motion with proof of service thereof, and the affirmation of Kevin D. Szczepanski, Esq., dated February 13, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion in docket No. CA 14-02027 is granted insofar as it seeks an extension of time to perfect the cross appeal and to file and serve a respondent's brief, on the condition that a respondent's brief addressing both the appeals and any cross appeal is filed and served on or before March 31, 2015, and the Clerk is directed to accept the respondent's brief for filing, and

It is further ORDERED that defendants-appellants-respondents' reply briefs in docket No. CA 14-02027 shall be filed and served on or before April 15, 2015, and the Clerk is directed to accept the reply briefs for filing, and

It is further ORDERED that surreply briefs in docket No. CA 14-02027, if any, shall be filed and served on or before April 30, 2015, and the Clerk is directed to accept the surreply briefs for filing, and

It is further ORDERED that the appeal in docket No. CA 14-02027 is removed from this Court's day calendar for April 9, 2015, and added to the calendar for the term of this Court commencing May 18, 2015, and

It is further ORDERED that appeal taken in docket No. CA 13-01599 from an order of the Supreme Court entered December 4, 2012, is removed from this Court's day calendar for April 9, 2015, and added to the calendar for the term of this Court commencing May 18, 2015.

Entered: March 3, 2015

Frances E. Cafarell, Clerk