PRESENT: SCUDDER, P.J., CARNI, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00042

GARY W. GILPIN AND ANN C. GILPIN, PLAINTIFFS-RESPONDENTS-APPELLANTS, V OSWEGO BUILDERS, INC., HOWARD D. OLINSKY AND OSLAW, INC., DEFENDANTS-APPELLANTS-RESPONDENTS.

Plaintiffs having moved for an extension of time to perfect the 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 7, 2010, and for an extension of time to file and serve their respondents' brief,

Now, upon reading and filing the affidavit of Kristin L. Norfleet, Esq. sworn to February 1, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect plaintiffs' cross appeal is granted and plaintiffs shall perfect the cross appeal on or before April 8, 2011, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks to extension of time to file and serve a respondents' brief is granted on the condition that plaintiffs file and serve their respondents' brief on or before April 7, 2011, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 22, 2011, and

It is further ORDERED that the appeal is removed from this Court's day calendar for April 6, 2011, and added to the Court's calendar for the term commencing May 16, 2011.

Entered: March 8, 2011

Patricia L. Morgan, Clerk