PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND PINE, JJ.

DOCKET NOS. CA 08-00795, CA 08-00796 AND CA 08-00798

SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT, V SOUTH SENECA CENTRAL SCHOOL DISTRICT, JAVEN CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 1.) SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT, V SOUTH SENECA CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) ——————————————————————& mdash;———————— SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT, V CHRISTA CONSTRUCTION CO., INC., ET AL., DEFENDANTS, AND JAVEN CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT. (APPEAL NO. 3.)

Appellant having moved for an extension of time to file and serve respondents' briefs on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Seneca on August 24, 2007, August 23, 2007, and August 24, 2007, and to reschedule oral argument of the appeals,

Now, upon reading and filing the affirmation of Kevin M. Cox dated October 24, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that respondents' briefs are filed and served on or before December 12, 2008, and the Clerk is directed to accept the briefS for filing, and

DOCKET NOS. CA 08-00795, CA 08-00796 AND CA 08-00798PAGE 2

PRESENT: PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND PINE, JJ.

It is further ORDERED that reply briefs, if any, shall be filed and served on or before January 5, 2009, and the appeals are hereby removed from the January 21, 2009 day calendar of this Court and added to the calendar for the term of this Court commencing March 30, 2009.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk