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

DOCKET NO. CA 09-01762

ART CAPITAL PARTNERS, LP, ART HOLDINGS, LLC, KEITH A. BLAKELY, LINDA B. BLAKELY, W. DALE COMPTON, AS TRUSTEE UNDER THE W. DALE COMPTON TRUST AGREEMENT, DATED MAY 18, 1977, MICHAEL T. KELLEY, JAMES W. TAKACS, AS TRUSTEE OF THE EVANS FAMILY TRUST, ROGER STORM, WARBURG, PINCUS CAPITAL PARTNERS, L.P., JAMES B. ADLER, HARVEY H. BLAKELY, E. JOHN FINN, ANDREW G. KNAFEL AND SIDNEY R. KNAFEL, INDIVIDUALLY AND AS TRUSTEES OF THE DOUGLAS R. KNAFEL TRUST (1983), DON KOSTER, GEORGE PASHEL, PINPOINT PARTNERS I, MARY T. SPOHN AND JAMES H. STEINER, PLAINTIFFS-RESPONDENTS-APPELLANTS, V TYCO ACQUISITION CORP. XVII, NOW KNOWN AS M/A-COM TECH HOLDINGS,INC., TYCO ELECTRONICS CORPORATION, TYCO INTERNATIONAL (US) INC., TYCO INTERNATIONAL LTD. AND M/A-COM CERAM, INC., DEFENDANTS-APPELLANTS-RESPONDENTS.

Respondents-appellants having moved for an extension of time to perfect their cross-appeal and file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 4, 2008,

Now, upon reading and filing the affidavit of Joseph E. Zdarsky sworn to September 29, 2009, the notice of 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 on condition that the brief is filed and served on or before November 6, 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 November 23, 2009.

Entered: October 13, 2009

Patricia L. Morgan, Clerk