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

DOCKET NO. CA 09-02534

ARTHUR J. SPRINGS, JR., PLAINTIFF-RESPONDENT, V CITY OF BUFFALO, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. CITY OF BUFFALO, THIRD-PARTY PLAINTIFF, V HARSCO CORPORATION AND PATENT CONSTRUCTION SYSTEMS, THIRD-PARTY DEFENDANTS-APPELLANTS.

Third-party defendants-appellants Harsco Corporation and Patent Construction Systems having moved, and defendant-appellant City of Buffalo having cross-moved, for an extension of time to perfect the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 25, 2009,

Now, upon reading and filing the affirmation of William K. Kennedy, Esq. dated April 1, 2010, the affirmation of Matthew S. Lerner, Esq. dated April 7, 2010, the notices of motion with proof of service thereof, the statement of Debra A. Norton, Esq. dated April 7, 2010, and the stipulation between the parties received April 9, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are granted to the extent that the ordering paragraph of the order of this Court entered February 26, 2010 is hereby amended by deleting the date April 27, 2010 and inserting in its place the date May 27, 2010.

Memorandum: No further extensions of time to perfect will be granted.

Entered: April 16, 2010

Patricia L. Morgan, Clerk