SCUDDER
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiff having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 18, 2012, and having moved for the respondent's brief on file with this Court also to be accepted as plaintiff's appellant's brief, and
Defendant having moved for an extension of time to file a reply brief to plaintiff's respondent's brief,
Now, upon reading and filing the affirmation of Maureen A. Pineau, Esq., dated February 7, 2014, the affirmations of Donald A. White, Esq., dated February 7, 2014, and February 11, 2014, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that plaintiff's motion is granted, dismissal of plaintiff's appeal is vacated, plaintiff's appeal is deemed perfected and the Clerk is directed to accept plaintiff's brief for filing in its entirety, and
It is further ORDERED that defendant's motion for an extension of time to file and serve a reply brief is granted on the condition that the brief is filed and served on or before March 18, 2014.
Frances E. Cafarell, Clerk