Opinion
DOCKET NO. CA 13-01562
10-03-2013
GAETANO FARRUGGIA AND GABRIELLA FARRUGGIA, PLAINTIFFS-RESPONDENTS-APPELLANTS, v. TOWN OF PENFIELD, DEFENDANT-APPELLANT-RESPONDENT, KENNETH HERSHEY AND SUZANNE HERSHEY, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendants-respondents having moved to dismiss plaintiffs' cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 3, 2013, on the ground that plaintiffs failed to perfect timely the cross appeal, and having moved for an extension of time to file and serve a respondents' brief in response to defendant-appellant-respondent Town of Penfield's brief, and
Plaintiffs having cross-moved for an extension of time to perfect their cross appeal taken herein from the order entered April 3, 2013,
Now, upon reading and filing the affidavit of Henry R. Ippolito, Esq., sworn to September 17, 2013, the affirmation of Stephen C. Halpern, Esq., dated Sepetmber 24, 2013, the notices of motion and cross motion with proof of service thereof, and the affirmations of Jenna W. Klucsik, Esq., dated September 25, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss plaintiffs' cross appeal is granted and the cross appeal is dismissed without further order unless the cross appeal is perfected on or before October 31, 2013, and
It is further ORDERED that plaintiffs' cross motion is dismissed as unnecessary, and
It is further ORDERED that defendants-respondents' motion insofar as it seeks an extension of time to file and serve a respondents' brief in response to defendant-appellant-respondent Town of Penfield's brief is granted on condition that the brief is filed and served on or before November 30, 2013, 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 December 16, 2013.
Frances E. Cafarell, Clerk