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

DOCKET NO. CA 17-01747

DANIELLE JOHNSON, PLAINTIFF-RESPONDENT, V BG MID CITY III, LLC, BG MID CITY I, LLC, NEW TECH COMMERCIAL CONSTRUCTION CORP., BENDERSON DEVELOPMENT COMPANY, LLC, BENDERSON PROPERTIES, INC. FORMERLY KNOWN AS BENDERSON DEVELOPMENT COMPANY, INC., BENDERSON PROPERTY DEVELOPMENT, INC., RONALD BENDERSON, RANDALL BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED 12/26/89 KNOWN AS THE SHAUN BENDERSON 1989 TRUST, RONALD BENDERSON, RANDALL BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED12/26/89 KNOWN AS THE EVAN BENDERSON 1989 TRUST, RONALD BENDERSON, RANDALL BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED 12/26/89 KNOWN AS THE TODD BENDERSON 1989 TRUST, RONALD BENDERSON, RANDALL BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED 12/26/89 KNOWN AS THE BRETT BENDERSON 1989 TRUST, DELTA-SONIC CARWASH SYSTEMS, INC., TOPS MARKETS, LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION, DEFENDANTS-APPELLANTS.

Appellants having moved for extensions of time to perfect the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 25, 2013, and respondent having cross-moved for permission to file a single respondent's brief,

Now, upon reading and filing the affirmations of Henry A. Zomerfeld, Esq., dated December 11, 2017, and December 19, 2017, the affirmation of Michael F. Perley, Esq., dated December 12, 2017, the affirmation of William A. Quinlan, Esq., dated December 14, 2017, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant New Tech Commercial Construction Corp.'s motion is granted to the extent that the ordering paragraph of the order of this Court entered October 16, 2017, is hereby amended by deleting the date December 15, 2017, and inserting in its place the date February 13, 2018, and

It is further ORDERED that the remaining appellants' motion is granted, and appellants shall perfect their appeal on or before February 13, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that respondent's cross motion is granted insofar as it seeks to file and serve a single respondent's brief to all appellants' briefs on the condition respondent's brief is filed and served in compliance with the Court's rule on or before March 13, 2018.

Entered: December 26, 2017

Mark W. Bennett, Clerk