PRESENT: HURLBUTT, J.P., SMITH, CENTRA, AND LUNN, JJ.

DOCKET NO. CA 07-02277

MATTER OF DONALD GRASSO, DAVID MONOLOPOLUS, AND DANIEL T. WARREN, PETITIONERS-APPELLANTS, V TOWN OF WEST SENECA, ZONING BOARD OF APPEALS OF THE TOWN OF WEST SENECA, TOWN OF WEST SENECA BUILDING DEPARTMENT, WILLIAM CZUPRYNSKI AS CODE ENFORCEMENT OFFICER OF THE TOWN OF WEST SENECA CANISIUS HIGH SCHOOL ALSO KNOWN AS THE CANISIUS HIGH SCHOOL OF BUFFALO, NEW YORK, AND JAMES P. HIGGINS, S.J. AS PRESIDENT OF CANISIUS HIGH SCHOOL, RESPONDENTS-RESPONDENTS.

Appellants having moved for an extension of time to perfect the appeals taken from a judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 23, 2007, October 23, 2007 and March 28, 2008, for permission to appeal to this Court from an order of the same court entered August 8, 2008 (Docket No. CA 08-01961), and for other relief,

Now, upon reading and filing the affidavits of Donald Grasso, David Monolopolus, and Daniel T. Warren sworn to September 11, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Richard T. Sullivan dated September 19, 2008, the opposing affidavit of Lawrence J. Vilardo sworn to September 19, 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 July 23, 2008 is hereby amended by deleting the date September 22, 2008 and inserting in its place the date December 21, 2008, and the motion is otherwise denied.

Memorandum: No further extensions to perfect these three appeals will be granted.

Entered: October 23, 2008

JoAnn M. Wahl, Clerk