PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 09-01685, CA 09-01972, AND CA 09-01973

WINDSONG LANE FARMS, PLAINTIFF-APPELLANT, V TELMARK, LLC, AND RONALD J. POPE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) WINDSONG LANE FARMS, PLAINTIFF-APPELLANT-RESPONDENT, V TELMARK, LLC, WELLS FARGO FINANCIAL LEASING, INC., AND RONALD POPE, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.) WINDSONG LANE FARMS, PLAINTIFF-APPELLANT, V TELMARK, LLC, WELLS FARGO FINANCIAL LEASING, INC., AND RONALD POPE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 3.)

Respondent Telmark, LLC and Ronald Pope having moved to dismiss the appeal taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on July 13, 2009, August 27, 2009, and September 26, 2007, on the ground that appellant Windsong Lane Farms has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Julian B. Modesti sworn to January 22, 2010, the notice of motion with proof of service thereof, the stipulation to filing deadlines dated January 20, 2010 and January 22, 2010,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 26, 2010, and

DOCKET NOS. CA 09-01685, CA 09-01972, AND CA 09-01973

FEBRUARY 2, 2010

PAGE 2

It is further ORDERED that respondent-appellant Telmark, LLC and Ronald Pope shall file their briefs on or before March 26, 2010, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 26, 2010.

Entered: February 2, 2010

Patricia L. Morgan, Clerk