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

DOCKET NO. CA 09-00009

WILLIAM BUCKLAEW, PLAINTIFF-RESPONDENT-APPELLANT, V SCOTT L. WALTERS AND LORI MILLER, DEFENDANTS-APPELLANTS-RESPONDENTS. (ACTION NO. 1.) JOHN HIGGINS, PLAINTIFF-RESPONDENT-APPELLANT, V SCOTT L. WALTERS AND LORI MILLER, DEFENDANTS-APPELLANTS-RESPONDENTS. (ACTION NO. 2.)

Plaintiff John Higgins having moved to vacate the dismissal of his cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on November 17, 2008, and defendants having cross-moved for an extension of time to perfect their appeal,

Now, upon reading and filing the affidavit of Mark D. Grossman sworn to October 20, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Bradley A. Hoppe dated October 30, 2009, 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, on the condition that plaintiff perfect his cross appeal on or before February 15, 2010, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered September 21, 2009 is hereby amended by deleting the date November 16, 2009 and inserting in its place the date January 15, 2010, and by deleting the date December 16, 2009 and inserting in its place the date February 15, 2010.

Entered: November 9, 2009

Patricia L. Morgan, Clerk