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

DOCKET NO. CA 16-01302

CHRISTOPHER J. BURKE AND KAREN ANN BURKE, PLAINTIFFS-RESPONDENTS, V ARCADIS G & M OF NEW YORK ARCHITECTURAL AND ENGINEERING SERVICES, P.C., ARCADIS OF NEW YORK, INC., ARCADIS U.S., INC., NIAGARA MOHAWK ENERGY, INC., NIAGARA MOHAWK HOLDINGS, INC., NIAGARA MOHAWK POWER CORPORATION, NATIONAL GRID ENGINEERING AND SURVEY INC., AEROTEK, INC., ROI STAFFING OF MASSACHUSETTS LLC, AND RESOURCE OPTIONS, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

Respondents having moved to postpone resolution of the appeal and remand the matter to Supreme Court or, in the alternative, to strike portions of appellants' briefs and to extend the time to file and serve a respondents' brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 2, 2015, Now, upon reading and filing the affidavits of Vincent J. Rossi, Esq., sworn to August 11, 2016, and August 26, 2016, the notice of motion with proof of service thereof, the affidavit of Marshall Broad, Esq., sworn to August 22, 2016, and the affirmation of Gail J. McNally, Esq., dated August 24, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve a respondents' brief, on the condition that the brief is filed and served on or before October 13, 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 28, 2016, and

It is further ORDERED that the motion is granted to the extent that those portions of appellants' briefs that respondents move to strike are hereby stricken insofar as they contain matter that is outside the record, and

It is further ORDERED that the motion is otherwise denied.

Entered: September 13, 2016

Frances E. Cafarell, Clerk