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

DOCKET NO. CA 08-01230

CHARLES SCAPARO AND DARLENE SCAPARO, PLAINTIFFS-APPELLANTS-RESPONDENTS, V VILLAGE OF ILION, ET AL., DEFENDANTS, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANT-RESPONDENT, AND OUR LADY QUEEN OF APOSTLES CHURCH OF ST. MARY OF MOUNT CARMEL/S.S. PETER AND PAUL, DEFENDANT-APPELLANT. (ACTION NO. 1.) ANTHONY YERO AND CYNTHIA YERO, PLAINTIFFS-APPELLANTS-RESPONDENTS, V VILLAGE OF ILION, ET AL., DEFENDANTS, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANT-RESPONDENT, AND OUR LADY QUEEN OF APOSTLES CHURCH OF ST. MARY OF MOUNT CARMEL/S.S. PETER AND PAUL, DEFENDANT-APPELLANT. (ACTION NO. 2.)

Respondent Herkimer County Industrial Development Agency having moved for an extension of time to file and serve a brief on the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on February 15, 2008,

Now, upon reading and filing the affidavit of Robert P. Roche sworn to December 24, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Anthony J. Brindisi dated December 30, 2008, the reply affidavit of Robert P. Roche dated January 8, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before January 30, 2009, and the Clerk is directed to accept the brief for filing, and

DOCKET NO. CA 08-01230

JANUARY 21, 2009

PAGE 2

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 17, 2009.

Entered: January 21, 2009

JoAnn M. Wahl, Clerk