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

DOCKET NO. CA 16-01791

IN THE MATTER OF DAGMAR NEARPASS, DESIREE DAWLEY, JAMES DAWLEY, III, LYNN BARBUTO, ROBERT BARBUTO, JONATHAN MORELLI, JANE MORELLI, RICHARD BARNER, DAVID SCHOONMAKER AND CASINO FREE TYRE BY ITS PRESIDENT, JAMES DAWLEY, III, PETITIONERS-APPELLANTS, V SENECA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, LAGO RESORT & CASINO, LLC, WILPAC HOLDINGS, LLC, WILMOT GAMING, LLC, WILPAC FUNDING, LLC, THOMAS C. WILMOT, SR., M. BRENT STEVENS, WILMORITE, INC., AND PGP INVESTORS, LLC, RESPONDENTS-RESPONDENTS.

Respondents having moved for an extension of time to file and serve briefs on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on August 18, 2016, and appellants having cross-moved for an extension of time to file and serve a reply brief,

Now, upon reading and filing the affirmation of Philip G. Spellane, Esq., dated January 6, 2017, the affirmation of Robert L Halpin, Esq., dated January 6, 2017, the affirmation of W. Bradley Hunt, Esq., dated January 10, 2017, 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 respondents' motions are granted on the condition that the briefs are filed and served on or before March 6, 2017, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that appellants' cross motion is granted and reply briefs shall be filed and served on or before March 27, 2017.

Entered: January 17, 2017

Frances E. Cafarell, Clerk