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

DOCKET NOS. CA 07-01601 AND CA 07-01660
DOCKET NOS. CA 07-01601 AND CA 07-01660PAGE 2

PETER E. BISSELL AND SHERRY BISSELL, PLAINTIFFS-RESPONDENTS, V TOWN OF AMHERST, DEFENDANT-APPELLANT. TOWN OF AMHERST, THIRD-PARTY PLAINTIFF, V MCGONIGLE & HILGER ROOFING COMPANY, THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 1.) —————————————————————— —————————————————————— —————————————- PETER E. BISSELL AND SHERRY BISSELL, PLAINTIFFS-RESPONDENTS, V TOWN OF AMHERST, DEFENDANT-APPELLANT. —————————————————————— ————— TOWN OF AMHERST, THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, V MCGONIGLE & HILGER ROOFING COMPANY, THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.) Plaintiffs-respondents having moved for an extension of time to file and serve a brief on the appeals taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 23, 2007 and August 2, 2007, Now, upon reading and filing the affirmation of Alan D. Voos dated March 19, 2008, the notice of motion with proof of service thereof, the responding affirmation of Sean D. Schoenborn dated March 20, 2008, the responding affirmation of Sim R. Shapiro dated March 21, 2008, and due deliberation having been had thereon, PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before May 9, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before May 27, 2008.

Entered: April 1, 2008

JoAnn M. Wahl, Clerk