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

DOCKET NO. CA 10-01067

JOSEPH TIMMONS AND JENNIFER TIMMONS, PLAINTIFFS-APPELLANTS-RESPONDENTS, V BARRETT PAVING MATERIALS, INC., DEFENDANT-RESPONDENT-RESPONDENT. (ACTION NO. 1.) BARRETT PAVING MATERIALS, INC., THIRD PARTY PLAINTIFF-RESPONDENT-RESPONDENT, V SCHNEIDER BROTHERS CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT. BARRETT PAVING MATERIALS, INC., PLAINTIFF-RESPONDENT, V COLONY INSURANCE COMPANY, DEFENDANT-APPELLANT. (ACTION NO. 2.)

Schneider Brothers Corporation having moved to vacate the dismissal of its cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on April 24, 2009, and for other relief,

Now, upon reading and filing the affidavit of Erin E. Cole, Esq. sworn to December 9, 2010, the notice of motion with proof of service thereof, and the affidavit of Paul G. Joyce, Esq. sworn to December 22, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and Schneider Brothers Corporation's cross appeal is deemed to have been timely perfected, and

It is further ORDERED that any respondent's brief in response to Schneider Brothers Corporation's cross appeal shall be filed and served on or before February 3, 2011, and

It is further ORDERED that Schneider Brothers Corporation's reply brief, if any, in support of its cross appeal shall be filed and served on or before February 18, 2011, and

It is further ORDERED that the motion is otherwise dismissed as unnecessary.

Entered: January 4, 2011

Patricia L. Morgan, Clerk