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

DOCKET NOS. CA 08-00896 AND CA 08-00897
DOCKET NOS. CA 08-00896 AND CA 08-00897PAGE 2

IN THE MATTER OF PAUL BROWN, AS PRESIDENT OF THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, AND THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, PETITIONERS-RESPONDENTS, V COUNTY OF ERIE AND TOM GREENAUER DEVELOPMENT INC., RESPONDENTS-APPELLANTS. OPERATING ENGINEERS LOCAL 17 TRAINING FUND, INTERVENOR-RESPONDENT; ASSOCIATED BUILDERS & CONTRACTORS, INC., INTERVENOR-APPELLANT. (APPEAL NO. 1.) —————————————————————— —————————————————————— ————————————— IN THE MATTER OF PAUL BROWN, AS PRESIDENT OF THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, AND THE OPERATING ENGINEERS LOCAL 17 TRAINING FUND, PETITIONERS-RESPONDENTS, V COUNTY OF ERIE, TOM GREENAUER DEVELOPMENT INC., AND ASSOCIATED BUILDERS & CONTRACTORS, INC., RESPONDENTS-APPELLANTS. (APPEAL NO. 2.) Respondents having moved for an extension of time to file and serve a brief on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 16, 2007 and February 21, 2008, Now, upon reading and filing the affidavit of Catherine Creighton sworn to August 11, 2008, the notice of motion with proof of service thereof, the affidavit of Martin A. Polowy sworn to August 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 October 3, 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 October 20, 2008.

Entered: September 3, 2008

JoAnn M. Wahl, Clerk