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

DOCKET NO. CA 08-01249

ROBERT C. RUST, PLAINTIFF-APPELLANT, V EDYTHE S. TURGEON, DEFENDANT-RESPONDENT. (ACTION NO. 1.) PETITIONER-APPELLANT, FOR THE JUDICIAL DISSOLUTION OF THE ROYCROFT SHOPS, INC; EDYTHE S. TURGEON, RESPONDENT-RESPONDENT. (ACTION NO. 2.)

Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 24, 2007, and for other relief, and respondent having cross-moved to dismiss the appeal on the ground that appellant waived his right to appeal,

Now, upon reading and filing the affirmation of Steven Bachmann Dietz dated July 16, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Sharon Anscombe Osgood dated July 28, 2008, the notice of cross motion with proof of service thereof, the affirmation of Alan J. Bozer dated July 30, 2008, the reply affirmation of Steven Bachmann Dietz dated August 1, 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 18, 2008 is hereby amended by deleting the date July 18, 2008 and inserting in its place the date October 20, 2008, and the motion is otherwise denied (see 22 NYCRR 1000.4), and

It is further ORDERED that the cross motion be, and the same hereby is, denied without prejudice to respondent's raising of the waiver argument in her brief.

Entered: August 21, 2008

JoAnn M. Wahl, Clerk