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

DOCKET NO. CA 07-02215

SIDNEY D. HOLBROOK, PLAINTIFF-RESPONDENT-APPELLANT, V NATIONAL FUEL GAS DISTRIBUTION CORPORATION, NATIONAL FUEL GAS COMPANY, THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF NATIONAL FUEL GAS COMPANY, THE NATIONAL FUEL GAS COMPANY DEFERRED COMPENSATION PLAN, AND THE NATIONAL FUEL GAS COMPANY EXECUTIVE RETIREMENT PLAN, DEFENDANTS-APPELLANTS-RESPONDENTS.

Appellants-respondents having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 4, 2007, and for other relief, and respondent-appellant having cross-moved for an extension of time to perfect his cross appeal,

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

October 18, 2007, the notice of motion with proof of service thereof, the affidavit of Gerald T. Walsh sworn to October 25, 2007, the notice of cross motion with proof of service thereof, the reply affidavit of Gary F. Kotaska sworn to October 26, 2007, 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 appellants-respondents shall perfect the appeal on or before December 28, 2007 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and any documents sealed by Supreme Court or filed under seal with this Court shall remain sealed, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that respondent-appellant shall perfect the cross appeal on or before January 28, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: November 28, 2007

JoAnn M. Wahl, Clerk