PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

DOCKET NO. CA 09-01454

IN THE MATTER OF LVI ENVIRONMENTAL SERVICES, INC., PETITIONER-APPELLANT AND GRAMERCY GROUP, INC., INTERVENOR-PETITIONER, V NEW YORK STATE URBAN DEVELOPMENT CORPORATION, INDIVIDUALLY AND DOING BUSINESS AS EMPIRE STATE DEVELOPMENT CORPORATION AND CAMBRIA CONTRACTING, INC., RESPONDENTS-RESPONDENTS.

Appellant having moved to expedite oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 2, 2009, and respondent New York State Urban Development Corporation having cross-moved for an extension of time to file and serve its brief,

Now, upon reading and filing the affidavit of John W. Dreste sworn to July 20, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Anthony J. Adams, Jr. dated July 27, 2009, the opposing affirmation of Frank K. Walsh dated July 30, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of John W. Dreste sworn to July 31, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is added to the October 30, 2009 day calendar of this Court, and

It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the brief is filed and served on or before September 16, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 1, 2009.

Entered: August 20, 2009

Patricia L. Morgan, Clerk