Opinion
DOCKET NO. CA 13-00298
06-21-2013
BRYAN PARSLOW AND BETH PARSLOW, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS, PLAINTIFFS-APPELLANTS-RESPONDENTS v. STEVEN B. LEAKE, JONATHAN M. HENTY, COREY R. SCHLOBOHM, JOSEF M. WOLCOTT, ANDREW LEONELLO, NICHOLAS E. HOOKS, ANDREW M. MORGAN, KARL SMITH, COREY WILSON, KENNETH M. KOPERDA, JASON P. BARRY, JR., THEODORE L. BILOHLAVEK AND NATHAN P. ZILAK, DEFENDANTS-RESPONDENTS-APPELLANTS, SIGMA ALPHA MU FRATERNITY, INC., PHILIP J. SCHNEIDER, JR., WILLIAM K. GENEWICK AND DANIEL C. DIAZ, DEFENDANTS-RESPONDENTS, NORMAN C. GIANCURSIO, ET AL., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiffs having moved for permission to file a 100 page respondents' brief, for an extension of time to file their respondents' brief, and for the dismissal of the appeals of defendants Andrew Leonello, Kenneth M. Korperda, Andrew M. Morgan, Jonathan M. Henty, Josef M. Wolcott, Corey R. Sclobohm, Karl Smith, and Jason P. Barry, Jr. taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 12, 2012, on the ground that those defendants failed to perfect timely their appeals, and
Defendants Corey R. Schlobohm, Andrew M. Morgan, Andrew Leonello and Jonathan M. Henty having cross-moved for an extension of time to perfect their appeals from the order entered October 12, 2012,
Now, upon reading and filing the affirmations of Maureen N. Polen, Esq., dated May 20, 2013, May 29, 2013 and May 30, 2013, the affirmation of Andrew J. Kowalewski, Esq., dated May 23, 2013, the affirmation of Ernest D. Santoro, Esq., dated May 28, 2013, the affirmation of Brent C. Seymour, Esq., dated May 30, 2013, the affidavit of Louis J. Viviani, Esq., sworn to May 29, 2013, the notices of motion and cross motion with proof of service thereof, the affidavit of Samantha L. Miller, Esq., sworn to May 29, 2013, the affirmation of Ryon D. Fleming, Esq., dated May 28, 2013, the affidavit of Henry R. Ippolito, Esq., sworn to May 31, 2013, the
affirmation of Gary H. Abelson, Esq., dated May 29, 2013, and the affidavit of Cheryl A. Krzywicki, Esq., sworn to May 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that plaintiffs' motion insofar as it seeks to file a 100 page respondents' brief in response to the defendants' appellants' briefs, to which plaintiffs have not yet responded, is granted, and
It is further ORDERED that plaintiffs' motion insofar as it seeks an extension of time to file and serve their 100 page respondents' brief and any reply briefs is granted on the condition that the briefs are filed and served on or before August 26, 2013, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeals of defendants Kenneth M. Korperda, Andrew M. Morgan, Josef M. Wolcott, Corey R. Sclobohm, Karl Smith, and Jason P. Barry, Jr. is dismissed as moot, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeals of Andrew Leonello and Jonathan M. Henty is granted and the appeals are dismissed without further order unless the appeals are perfect on or before July 22, 2013, and.
It is further ORDERED that the cross motions are dismissed as unnecessary.
Frances E. Cafarell, Clerk