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

DOCKET NO. CA 08-01913

IN THE MATTER OF LOCKPORT SMART GROWTH, INC., DOROTHY STOCKTON, THOMAS WALKER, JOSEPH P. STUART, JR., JAMES EMMERT, JOAN A. GRIGG, AND JOANNE WOODSIDE, PETITIONERS-APPELLANTS, V TOWN OF LOCKPORT, TOWN OF LOCKPORT PLANNING BOARD, RICHARD FORSEY, ROBERT BALCERZAK, MORRIS WINGARD, DAVID KINYON, WALTERN THORMAN, RODNEY CONRAD, WILLIAM FEW, AND ROBERT LANGDON, IN THE CAPACITIES AS MEMBERS OF THE TOWN OF LOCKPORT PLANNING BOARD, WAL-MART STORES, INC., WAL-MART REAL ESTATE BUSINESS TRUST, AND LOCKPORT L.L.C., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 1.) IN THE MATTER OF LOCKPORT SMART GROWTH, INC., JOAN A. GRIGG, AND JAMES EMMERT, PETITIONERS-APPELLANTS, V TOWN OF LOCKPORT ZONING BOARD OF APPEALS, EUGENE NENNIS, IN HIS OFFICIAL CAPACITY AS THE TOWN OF LOCKPORT BUILDING INSPECTOR, WAL-MART STORES, INC., LOCKPORT L.L.C., AND WAL-MART REAL ESTATE BUSINESS TRUST, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.)

Respondents Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust having moved for an extension of time for all respondents to file and serve briefs on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 16, 2008,

Now, upon reading and filing the affirmation of Eric D. Haselbauer dated December 15, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

DOCKET NO. CA 08-01913 PAGE 2

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 briefs are filed and served on or before January 16, 2009, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 6, 2009.

Entered: December 31, 2008

JoAnn M. Wahl, Clerk