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

DOCKET NO. CA 08-01126

TAG MECHANICAL SYSTEMS, INC., PLAINTIFF-RESPONDENT, V V.I.P. STRUCTURES, INC., DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to perfect the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 10, 2008, and respondent having cross-moved to dismiss the appeal for failure to perfect timely,

Now, upon reading and filing the affidavit of Jason B. Bailey sworn to August 5, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Shelly L. DiBenedetto sworn to August 18, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Jason B. Bailey sworn to August 22, 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 first ordering paragraph of the order of this Court entered June 9, 2008 is hereby amended by deleting the date August 8, 2008 and inserting in its place the date November 3, 2008, and

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

Entered: September 3, 2008

JoAnn M. Wahl, Clerk