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

DOCKET NO. CA 17-00387

RICHARD BIANCHI, ANGELO BIANCHI AND JOSEPH ERRIGO, PLAINTIFFS-RESPONDENTS, V MIDTOWN REPORTING SERVICE, INC., DOING BUSINESS AS MIDTOWN REPORTING SERVICE, DEFENDANT-APPELLANT, GARY POOLER, INTERVENOR-APPELLANT.

Gary Pooler having moved for permission to intervene and file an appellant's brief on the appeal taken herein from of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 25, 2017, and appellants having moved for an extension of time to perfect their appeals,

Now, upon reading and filing the affidavit of Timothy D. Boldt, Esq., sworn to January 12, 2018, the notice of motion with proof of service thereof, and the affidavit of Charles A. Schiano, Esq., sworn to January 19, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that intervenor-appellant Gary Pooler is granted leave to appear as an appellant in this appeal, on the condition that the intervenor-appellant timely files and serves a notice of appeal, and that the intervenor-appellant perfects the appeal on or before March 6, 2018, and

It is further ORDERED that the motion insofar as defendant-appellant seeks an extension of time to perfect its appeal is granted to the extent that the ordering paragraph of the order of this Court entered October 30, 2017, is hereby amended by deleting the date February 6, 2018, and inserting in its place the date March 6, 2018.

Entered: February 22, 2018

Mark W. Bennett, Clerk