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

DOCKET NO. CA 06-02358

VASILIY P. LITVINOV, PLAINTIFF-RESPONDENT, V EILEEN M. HODSON, JEREMY L HODSON AND CHARLES RENNA, DEFENDANTS-RESPONDENTS-APPELLANTS, JACK FOY AND NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANTS-APPELLANTS.

Defendants-appellants having moved for an extension of time to perfect their appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 19, 2006, and defendants-respondents-appellants having cross-moved for an extension of time to perfect their cross appeal,

Now, upon reading and filing the affidavit of Norman E.S. Greene sworn to

October 24, 2007, the notice of motion with proof of service thereof, the affidavit of

Mark J. Schaefer sworn to October 30, 2007, the notice of cross 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 August 20, 2007 is hereby amended by deleting the date October 31, 2007 and inserting in its place the date

January 8, 2008, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the second ordering paragraph of the order of this Court entered August 20, 2007 is hereby amended by deleting the date of October 31, 2007 and inserting in its place the date

January 8, 2008.

Memorandum: No further extensions will be granted.

Entered: November 28, 2007

JoAnn M. Wahl, Clerk