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

DOCKET NO. CA 07-01009

BLUE HERON CONSTRUCTION, LLC, PETITIONER-RESPONDENT V FIBERGLASS STRUCTURES & TANK CO., INC. DOING BUSINESS AS FST AND FIRST STATE BANK OF WYOMING, DEFENDANTS-RESPONDENTS HOWARD ROBSON, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANT.

The attorney for respondent Fiberglass Structures & Tank Co. having moved for permission to withdraw as counsel and for an extension of time for that respondent to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 3, 2007, and respondents Blue Heron Construction, LLC and First State Bank of Wyoming having moved for extensions of time to file and serve their responding briefs,

Now, upon reading and filing the affidavit of Patience E. Shermer sworn to

September 24, 2007, the affidavit of Kevin P. Ryan sworn to September 28, 2007, the affidavit of J. Eric Charlton sworn to September 28, 2007, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted, Sheats & Associates, P.C. is hereby permitted to withdraw as counsel for respondent Fiberglass Structures & Tank Co., respondents' briefs shall be filed and served on or before November 16, 2007, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 3, 2007.

Entered: October 17, 2007

JoAnn M. Wahl, Clerk