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

DOCKET NO. CA 10-02385

JOHN W. KARCZ, JR. AND JENNIFER KARCZ, PLAINTIFFS-RESPONDENTS, V KLEWIN BUILDING COMPANY, INC. AND E & F/WALSH BUILDING COMPANY, LLC, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. KLEWIN BUILDING COMPANY, INC., THIRD-PARTY PLAINTIFF-APPELLANT, V MADAR CONSTRUCTION COMPANY, INC., THIRD-PARTY DEFENDANT-RESPONDENT.

Plaintiffs-respondents having moved to extend their time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 5, 2010, and to put the appeal over term,

Now, upon reading and filing the affirmation of Debra A. Norton, Esq. dated February 18, 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 is granted to the extent that the first ordering paragraph of the order of this Court entered January 31, 2011, is hereby amended by deleting the date February 18, 2011, and inserting in its place the date March 16, 2011, and

It is further ORDERED that second ordering paragraph of the order of this Court entered January 31, 2011, is hereby amended by deleting the date March 7, 2011, and inserting in its place the date March 31, 2011, and

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

Entered: March 10, 2011

Patricia L. Morgan, Clerk