PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, 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 to vacate the dismissal of their 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 to adjourn oral argument,

Now, upon reading and filing the affidavit of Ann M. Alexander, Esq. sworn to May 12, 2011, the notice of motion with proof of service thereof, and the affirmation of Jon P. Devendorf, Esq. dated May 19, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the cross appeal is deemed to be timely perfected on the condition that a supplemental record on appeal including plaintiffs' initial and corrected notices of appeal is filed and served in accordance with this Court's rules on or before June 3, 2011, and the Clerk shall accept the stipulated supplemental record for filing, and

It is further ORDERED that defendant's reply brief in response to the cross appeal shall be filed and served on or before July 8, 2011, and the Clerk shall accept the brief for filing, and

It is further ORDERED that the appeal is removed from the day calendar for May 26, 2011, and the appeal and cross appeal, if the supplemental record is timely filed and served, are added to the calendar for the term of this Court commencing September 6, 2011.

Entered: May 23, 2011

Patricia L. Morgan, Clerk