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

DOCKET NO. CA 11-01854
TRUST 2004-6, MORTGAGE BACKED NOTES,

U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR-IN-INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF AEGIS ASSET BACKED SECURITIES PLAINTIFF-APPELLANT-RESPONDENT, V FRANK D. DENISCO, CHERYL A. DENISCO, CAPITAL ONE NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO CAPITAL ONE FEDERAL SAVINGS BANK, DEFENDANTS, WILLIAM E. STRUBLE, DEFENDANT-RESPONDENT-APPELLANT, AND CITY OF BUFFALO, DEFENDANT-RESPONDENT.

Plaintiff having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 19, 2010, and defendant William E. Struble having cross-moved for an extension of time to perfect the cross appeal taken from the said order,

Now, upon reading and filing the affidavits of Kyle C. DiDone, Esq., sworn to September 8, 2011, and September 15, 2011, the affidavit of Michael J. Hughes, Esq., sworn to September 14, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion is granted and plaintiff shall perfect the appeal on or before November 21, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is hereby ORDERED that defendant William E. Struble's cross motion is granted and defendant William E. Struble shall perfect the cross appeal on or before December 27, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 26, 2011

Patricia L. Morgan, Clerk