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

DOCKET NO. CA 17-00711
DOCKET NO. CA 17-01487

PATRICIA CURTO, PLAINTIFF-APPELLANT, V TOWN OF ORCHARD PARK, ORCHARD PARK POLICE DEPARTMENT, ORCHARD PARK POLICE OFFICER A. KOWALSKI, ORCHARD PARK POLICE OFFICER R. SIMMONS, ORCHARD PARK POLICE OFFICER J. CULLEN, REMY ORFFEO, DEFENDANTS-RESPONDENTS, ET AL. DEFENDANTS. (APPEAL NO. 1.) PATRICIA CURTO, PLAINTIFF-APPELLANT, V TOWN OF ORCHARD PARK, ET AL., DEFENDANTS, COUNTY OF ERIE, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Respondent County of Erie having moved, pursuant to 22 NYCRR 1000.17 (b), to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 12, 2016 (appeal No. 1), on the ground that appellant failed to serve a motion order of this Court entered July 10, 2017, or, in the alternative, for an extension of time to file and serve a respondent's brief in the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on December 12, 2016 (appeal No. 2),

Now, upon reading and filing the affirmation of Jeremy C. Toth, Esq., dated September 22, 2017, the notice of motion with proof of service thereof, and the affidavit of Patricia J. Curto sworn to October 5, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks dismissal of appeal No. 1 for failure to comply with 22 NYCRR 1000.17 (b) is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on condition that the brief is filed and served on or before November 6, 2017, 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 November 21, 2017.

Entered: October 17, 2017

Mark W. Bennett, Clerk