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

DOCKET NOS. CA 08-02618 AND 08-02619

CLAUDIA S. JOHNSON, PLAINTIFF-RESPONDENT, V LARRY JOHNSON, DEFENDANT-APPELLANT. CLAUDIA S. JOHNSON, PLAINTIFF-RESPONDENT-APPELLANT, V LARRY C. JOHNSON, DEFENDANT-APPELLANT-RESPONDENT.

Defendant having moved for an extension of time to perfect the appeals taken from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 26, 2008 and April 28, 2008, and plaintiff having cross-moved for an extension of time to perfect her cross appeal from the order entered April 28, 2008,

Now, upon reading and filing the affidavit of Roger T. Davison sworn to December 18, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Charles A. Messina sworn to December 29, 2008, the notice of cross 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 and defendant shall perfect the appeals on or before March 6, 2009, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the motion be, and the same hereby is, granted to the extent that plaintiff shall perfect the cross appeal on or before April 6, 2009 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: January 5, 2009

JoAnn M. Wahl, Clerk