PRESENT: CARNI, J.P., LINDLEY, CURRAN, NEMOYER, AND SCUDDER, JJ.

DOCKET NO. CA 15-01757

EDWARD FERRIS, PLAINTIFF-APPELLANT, V GEORGE MERCIER AND GMC MANAGEMENT CORP., DEFENDANTS-RESPONDENTS.

Appellant having moved for a stay, for substitution of a proper party for George Mercier, and to restore to the Court's calendar this appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 23, 2015, and respondents having cross-moved to dismiss the appeal, or, in the alternative, for an extension of time to file and serve a respondents brief,

Now, upon reading and filing the affidavits of Ed Ferris sworn to June 16, 2016, and July 22, 2016, the affirmations of F. Michael Ostrander, Esq., dated July 13, 2016, and July 28, 2016, 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 the motion insofar as it seeks a stay is denied, and

It is further ORDERED that the motion insofar as it seeks substitution of the estate is granted, and Benton B. Kendig, III and Michelle Mercier are hereby substituted as respondents to the appeal as executors of the estate of George Mercier, and

It is further ORDERED that the appeal shall be placed on the Court's calendar for the term commencing February 27, 2017, and

It is further ORDERED that the cross motion insofar as it seeks to dismiss the appeal is denied, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted, on condition that the brief is filed and served on or before September 16, 2016, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 3, 2016.

Entered: August 17, 2016

Frances E. Cafarell, Clerk