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

DOCKET NOS. CA 07-02000, CA 07-02001, CA 07-02071 AND CA 07-02072

JASON PALMER AND MANDY PALMER, PLAINTIFFS-APPELLANTS, V CIMINELLI-COWPER CO., INC., AND COUNTY OF ERIE, DEFENDANTS-RESPONDENTS. V CIMINELLI-COWPER CO., INC., AND COUNTY OF ERIE, DEFENDANTS-RESPONDENTS.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Eugene M. Fahey on September 20, 2007, for a stay of all proceedings to enforce orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2007 and September 20, 2007, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the affirmation of William D. Murphy dated

September 20, 2007, said show cause order with proof of service thereof, the affirmations of Alan D. Voos dated October 5, 2007, the notices of motion with proof of service thereof, the opposing affidavits of Deborah A. Chimes sworn to October 11, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are granted, and all proceedings to enforce the orders entered September 14, 2007 and September 20, 2007 are hereby stayed pending the hearing and determination of the appeals taken herein, on the condition that appellants perfect the appeals on or before October 31, 2007, in which event

It is further ORDERED that the appeals are to be added to the calendar for the term of this Court commencing November 26, 2007.

Entered: October 16, 2007

JoAnn M. Wahl, Clerk