SIDNEY D. HOLBROOK, V NATIONAL FUEL GAS DISTRIBUTION CORPORATION, NATIONAL FUEL GAS COMPANY, THE COMPENSATION
Motion No: CA 07-02215
Slip Opinion No: 2007 NYSlipOp 87760(U)
Decided on December 31, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 31, 2007

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 and cross 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,

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

December 21, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Gerald T. Walsh sworn to December 27, 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 the first ordering paragraph of the order of this Court entered November 28, 2007 is hereby amended by deleting the date December 28, 2007 and inserting in its place the date

February 27, 2008, and the second ordering paragraph of said order is hereby amended by deleting the date January 28, 2008 and inserting in its place the date March 28, 2008.

Entered: December 31, 2007

JoAnn M. Wahl, Clerk