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

DOCKET NO. CA 08-00212

IN THE MATTER OF NATIONAL VACUUM CORPORATION, PLAINTIFF-APPELLANT-RESPONDENT V CARL E. FELLOWS, NORTH AMERICAN INDUSTRIAL SERVICES, INC., NORTH AMERICAN SERVICES GROUP, LLC, DEFENDANTS-RESPONDENTS-APPELLANTS, PAUL HUFF, RAYMOND DOWNEY, AND RICHARD J. PERO, DEFENDANTS-RESPONDENTS.

Respondents-appellants having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on November 5, 2007, on the ground that appellant-respondent has failed to perfect timely the appeal, and for an extension of time to perfect their cross appeal, and appellant-respondent having cross-moved for an extension of time to perfect its appeal,

Now, upon reading and filing the affirmation of Linda H. Joseph dated January 29, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Mark E. Guglielmi sworn to February 5, 2008, 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, the appeal is dismissed without further order unless the appeal is perfected on or before April 11, 2008 and the cross appeal is dismissed without further order unless the cross appeal is perfected on or before May 12, 2008, and

It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.

Entered: February 14, 2008

JoAnn M. Wahl, Clerk