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

DOCKET NO. CA 16-00668

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT, V BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, NELDA LAWLER, M.D. AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS.

Respondents having moved to strike appellant's brief or, in the alternative, to strike portions of the brief, and having moved for an extension of time to file and serve a brief 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 July 22, 2015,

Now, upon reading and filing the affidavit of Paulette E. Ross, Esq., sworn to October 28, 2016, the notice of motion with proof of service thereof, and the affirmation of Louis Rosado, Esq., received November 14, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike portions of appellant's brief is granted to the extent that the footnotes in the brief only are stricken, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted on the condition that the brief is filed and served on or before December 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 January 3, 2017, and

It is further ORDERED that the motion is otherwise denied.

Entered: November 29, 2016

Frances E. Cafarell, Clerk