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

DOCKET NOS. CA 08-01727 AND CA 08-01967

IN THE MATTER OF MARGARET M. POTTER, JOSEPH J. GELSOMINO, JOHN S. HUGHES, JANE B. ROBBINS, PETER T. WESTPHAL, AND ARTHUR J. GIACALONE, PETITIONERS-APPELLANTS, V TOWN BOARD OF THE TOWN OF AURORA, MARTHA L. LIBROCK, AS TOWN CLERK OF THE TOWN OF AURORA, AND 300 GLEED AVENUE, LLC, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.) IN THE MATTER OF MARGARET M. POTTER, JOHN S. HUGHES, JOHN LYONS, NATALIE LYONS, PATRICK F. MCDONNELL, AND ARTHUR J. GIACALONE, PETITIONERS/PLAINTIFFS-APPELLANTS, V TOWN BOARD OF THE TOWN OF AURORA, AND 300 GLEED AVENUE, LLC, RESPONDENTS/DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Respondents having moved to expedite oral argument of the appeals taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 19, 2008 and September 16, 2008,

Now, upon reading and filing the affidavit of Ronald P. Bennett sworn to November 14, 2008, the affidavit of Dwight Krieger sworn to November 12, 2008, the affidavit of Jeffrey W. Stone sworn to November 13, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Arthur J. Giacalone dated November 15, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are hereby removed from the calendar for the term of this Court commencing February 23, 2009 and added to the calendar for the term of this Court commencing January 12, 2009.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk