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

DOCKET NO. CA 15-00302

LEVEL 3 COMMUNICATIONS, LLC, AND BROADWING COMMUNICATIONS, LLC, PETITIONERS-APPELLANTS, V ERIE COUNTY, CITY OF BUFFALO, CITY OF LACKAWANNA, VILLAGE OF NORTH COLLINS, CITY OF LAKAWANNA SCHOOL DISTRICT, EDEN CENTRAL SCHOOL DISTRICT, LAKESHORE CENTRAL SCHOOL DISTRICT AND NORTH COLLINS CENTRAL SCHOOL DISTRICT, RESPONDENTS-RESPONDENTS.

Respondents City of Buffalo, Erie County and North Collins Central School District having separately moved for an extension of time to file and serve their briefs 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 November 7, 2014, and

Appellants having cross-moved for an extension of time to file and serve a reply brief on the appeal,

Now, upon reading and filing the affidavit of Maura C. Seibold, Esq., sworn to March 13, 2015, the affidavit of James P. Blenk, Esq., sworn to March 13, 2015, the statement and amended affirmation of Michael B. Risman, Esq., dated March 13, 2015, and March 19, 2015, respectively, the affidavit of John G. Nicolich, Esq., sworn to March 18, 2015, 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 motions of respondents City of Buffalo, Erie County and North Collins Central School District are granted on the condition that their briefs are filed and served on or before April 24, 2015, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that appellants' cross motion is dismissed as premature.

Entered: March 25, 2015

Frances E. Cafarell, Clerk