PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NOS. CA 06-03508 AND CA 07-00097

DATA-TRACK ACCOUNT SERVICES, INC., PETITIONER-RESPONDENT-APPELLANT, V UNDER SEAL CURTIS W. LEE, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.) DATA-TRACK ACCOUNT SERVICES, INC., HIGHLAND LAND & MINERALS INC., HORIZON ENERGY DEVELOPMENT INC., NATIONAL FUEL GAS COMPANY, NATIONAL FUEL GAS DISTRIBUTION CORP., NATIONAL FUEL GAS SUPPLY CORP, NATIONAL FUEL RESOURCES, INC., NIAGARA INDEPENDENCE MARKETING CO., LEIDY HUB, INC., SENECA INDEPENDENCE PIPELINE COMPANY, SENECA RESOURCES CORPORATION, UPSTATE ENERGY INC., AND UTILITY CONSTRUCTORS, INC., PLAINTIFFS-RESPONDENTS-APPELLANTS, V UNDER SEAL CURTIS W. LEE, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.)

Respondent-appellant having moved for an extension of time to perfect the appeals and cross appeals taken from an order and an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 11, 2006 and November 14, 2006,

Now, upon reading and filing the affidavit of John G. Schmidt, Jr., sworn to

October 13, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the first ordering paragraph of the order of this Court entered July 23, 2007 is hereby amended by deleting the date October 31, 2007 and inserting in its place the date

November 30, 2007, and the second ordering paragraph of the order of this Court entered

July 23, 2007 is hereby amended by deleting the date December 14, 2007 and inserting in its place the date January 15, 2008.

Entered: October 15, 2007

JoAnn M. Wahl, Clerk