PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.

DOCKET NO. CA 09-01011

GERSTER SALES & SERVICE, INC., RONALD GERSTER AND TRANE U.S., INC., PETITIONERS-APPELLANTS, V POWER AUTHORITY OF STATE OF NEW YORK, STATE UNIVERSITY OF NEW YORK, WENDEL ENERGY SERVICES, LLC, MCQUAY INTERNATIONAL, DAIKIN INDUSTRIES, LTD. AND MLP PLUMBING & MECHANICAL, INC., RESPONDENTS-RESPONDENTS.

Respondent State University of New York having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 4, 2009, on the ground that the appeal is moot, and appellants having cross-moved for an extension of time to file and serve their reply brief,

Now, upon reading and filing the affirmation of Paul Groenwegen dated June 17, 2009, the notice of motion with proof of service thereof, the opposing affidavits of James L. Magavern sworn to June 23, 2009 and July 2, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Paul Groenwegen dated July 9, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew at oral argument, and

It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the reply brief is filed and served on or before August 3, 2009, and the Clerk is directed to accept the reply brief for filing.

Entered: July 16, 2009

Patricia L. Morgan, Clerk