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

DOCKET NOS. CA 10-00688 AND CA 10-00689

MOHAWK VALLEY WATER AUTHORITY, PLAINTIFF-RESPONDENT, V THE STATE OF NEW YORK, ET. AL., DEFENDANTS, ERIE BOULEVARD HYDROPOWER, L.P., DEFENDANT-APPELLANT. (APPEAL NO. 1.) MOHAWK VALLEY WATER AUTHORITY, PLAINTIFF-RESPONDENT-APPELLANT, V THE STATE OF NEW YORK, ERIE BOULEVARD HYDROPOWER, L.P., AND THE NEW YORK STATE CANAL CORPORATION, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.)

Defendant Erie Boulevard Hydropower, L.P. having moved for an extension of time to perfect the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 24, 2008 and May 28, 2009, respectively, and plaintiff Mohawk Valley Water Authority having cross-moved for an extension of time to perfect its cross appeal from the judgment entered May 28, 2009,

Now, upon reading and filing the affirmation of Douglas J. Nash dated March 19, 2010, the affidavit of Alan J. Pierce sworn to March 25, 2010, the notices of motion with proof of service thereof, the affirmation of Douglas J. Nash dated March 26, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that defendant Erie Boulevard Hydropower, L.P. shall perfect its appeals on or before May 7, 2010, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

DOCKET NOS. CA 10-00688 AND CA 10-00689

MARCH 29, 2010

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It is further ORDERED that the cross motion is granted to the extent that plaintiff Mohawk Valley Water Authority shall perfect its cross appeal and file and serve its respondent's brief on or before June 11, 2010 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: March 29, 2010

Patricia L. Morgan, Clerk