PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 08-01248

IN THE MATTER OF JOHN D. JUSTICE, PETITIONER-RESPONDENT, V TERRY KING, EXECUTIVE DIRECTOR OF SAVING GRACE MINISTRIES, INC., RESPONDENT-APPELLANT.

Appellant having moved for an extension of the June 17, 2008 stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 15, 2008, pending the hearing and determination of the appeal taken herein, and respondent having cross-moved to dismiss the appeal for failure to perfect timely, and for other relief,

Now, upon reading and filing the affirmation of Jessica M. Lazarin dated July 15, 2008,

the notice of motion with proof of service thereof, the opposing affidavit of John D. Justice sworn to July 19, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Jessica M. Lazarin dated July 24, 2008, 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 ordering paragraph of the order of this Court entered June 17, 2008 is hereby amended by deleting the date July 17, 2008 and inserting in its place the date September 15, 2008, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before September 15, 2008, and the cross motion is otherwise denied.

Entered: August 21, 2008

JoAnn M. Wahl, Clerk