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

DOCKET NO. CA 11-01813

EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., COUNTY OF ERIE, CHRIS COLLINS, BUFFALO NIAGARA PARTNERSHIP INC., INNOVATIVE MECHANICAL SYSTEMS, INC., M.G.M. INSULATION, INC., ALLEGHANY INDUSTRIAL INSULATION CO., DANIEL J. BRINSKY AND DOUG BYERLY, PLAINTIFFS-APPELLANTS, V M. PATRICIA SMITH, IN HER OFFICIAL CAPACITY AS COMMISSIONER, NEW YORK STATE DEPARTMENT OF LABOR, AND THOMAS P. DINAPOLI, IN HIS OFFICIAL CAPACITY AS COMPTROLLER, STATE OF NEW YORK, DEFENDANTS-RESPONDENTS.

Respondents having moved for an extension of 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 Erie on November 19, 2010,

Now, upon reading and filing the affirmation of Laura Etlinger, Esq., dated January 20, 2012, 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 December 13, 2011, is hereby amended by deleting the date February 6, 2012, and inserting in its place the date March 22, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered December 13, 2011, is hereby amended by deleting the date February 21, 2012, and inserting in its place the date April 6, 2012, and

It is further ORDERED that the appeal is removed from the Court's day calendar for April 3, 2012, and added to the calendar for the term of this Court commencing May 14, 2012.

Entered: February 27, 2012

Frances E. Cafarell, Clerk