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

DOCKET NO. CA 15-00773

THE WHARTON ASSOCIATES, INC. DOING BUSINESS AS REMAX 1ST COMMERCIAL, PLAINTIFF-APPELLANT-RESPONDENT, V CONTINENTAL INDUSTRIAL CAPITAL LLC, AND TECH PARK OWNER LLC, DEFENDANTS-RESPONDENTS-APPELLANTS.

Plaintiff having moved for an extension of time to perfect its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 23, 2014, and defendants having cross-moved for an extension of time to perfect their cross appeals taken from said order, and, pursuant to CPLR 5520 (a), to deem timely their cross appeals,

Now, upon reading and filing the affidavit of Brian R. Henzel, Esq., sworn to May 5, 2015, the affirmation of Glenn E. Pezzulo, Esq., dated May 8, 2015, the affirmation of Paul L. Leclair, Esq., dated May 11, 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 plaintiff's motion is granted, and plaintiff shall perfect its appeal on or before July 20, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that defendants' cross motions are granted, and the notice of cross appeal served on behalf of defendants is hereby deemed timely, and

It is further ORDERED that defendants shall perfect their cross appeals on or before August 19, 2015, and, in the event of failure to so perfect, the cross appeals are hereby dismissed without further order.

Entered: May 20, 2015

Frances E. Cafarell, Clerk