PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.

DOCKET NO. CA 16-00475

JEFFREY J. MCKAY AND SANDRA MCKAY, PLAINTIFFS-APPELLANTS-RESPONDENTS, V JARED WEEDEN AND C.T. GATES CONSTRUCTION, INC., DEFENDANTS-RESPONDENTS-APPELLANTS, NOLAN CONSTRUCTION, LLC, NOLAN DRYWALL, LLC, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.

Plaintiffs having moved to strike the brief submitted by C.T. Gates Construction, Inc. dated September 8, 2016, in support of its cross appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Monroe on January 4, 2016, on the ground that the brief was not timely filed, and for other relief, and defendant C.T. Gates Construction, Inc. having cross-moved for an extension of time to perfect its cross appeal,

Now, upon reading and filing the affirmation of Patrick J. Hines, Esq., dated September 16, 2016, the affirmation of John R. Condren, Esq., dated September 20, 2016, the notices of motion and cross motion with proof of service thereof, and the affirmation of Nicholas J. Pontzer, Esq., dated September 23, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiffs' motion is denied on the ground that the brief was timely filed (see 22 NYCRR 1000.2 [b]). The motion is otherwise denied, and

It is further ORDERED that respondents' brief in response to the brief filed by C.T. Gates Construction, Inc. shall be filed and served in accordance with the Court's rules on or before November 2, 2016, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before November 16, 2016, and

It is further ORDERED that defendant C.T. Gates Construction, Inc.'s cross motion is dismissed as unnecessary insofar as it seeks an extension of time to perfect the cross appeal.

Entered: October 19, 2016

Frances E. Cafarell, Clerk