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

DOCKET NO. CA 12-01011

IN THE MATTER OF ECOGEN WIND LLC AND ECOGEN TRANSMISSION CORP., PETITIONERS-RESPONDENTS-APPELLANTS, V TOWN OF ITALY TOWN BOARD, CONSISTING OF MARGARET DUNN, IN HER CAPACITY AS ITALY TOWN SUPERVISOR AND MEMBER OF THE TOWN BOARD, AND AMANDA GORTON, TIMOTHY KINTON, CHARLES KREUZER, MALCOLM IAN MACKENZIE, IN THEIR CAPACITY AS MEMBERS OF THE TOWN BOARD, TOWN OF ITALY, ET AL., RESPONDENTS-APPELLANTS-RESPONDENTS, AND FINGER LAKES PRESERVATION ASSOCIATION, INTERVENOR-RESPONDENT.

Respondents-appellants-respondents having moved to dismiss petitioners-respondents-appellants' cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Yates on February 24, 2012, on the ground that petitioners-respondents-appellants have failed to perfect timely their cross appeal, and

Petitioners-respondents-appellants having cross-moved to dismiss respondents-appellants-respondents' appeal from the order entered February 24, 2012, on the ground that respondents-appellants-respondents' have failed to perfect timely their appeal,

Now, upon reading and filing the affirmations of Gary A. Abraham, Esq., dated May 30, 2012, and June 7, 2012, the affirmations of Laurie Styka Bloom, Esq., dated June 5, 2012, and June 8, 2012, 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 respondents-appellants-respondents' motion is granted and the cross appeal is dismissed without further order unless the cross appeal is perfected on or before September 17, 2012, and

It is further ORDERED that petitioners-respondents-appellants' cross motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 13, 2012.

Entered: June 15, 2012

Frances E. Cafarell, Clerk