PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-01598

LEVEL 3 COMMUNICATIONS, LLC, BROADWING COMMUNICATIONS, LLC, GLOBAL CROSSING NORTH AMERICA, INC., GLOBAL CROSSING TELECOMMUNICATIONS, INC., PETITIONERS-RESPONDENTS-APPELLANTS, V ERIE COUNTY, CITY OF BUFFALO, CITY OF LACKAWANNA, VILLAGE OF NORTH COLLINS, LAKE SHORE CENTRAL SCHOOL DISTRICT, NORTH COLLINS CENTRAL SCHOOL DISTRICT, RESPONDENTS-APPELLANTS-RESPONDENTS, CITY OF LACKAWANA CENTRAL SCHOOL DISTRICT AND EDEN CENTRAL SCHOOL DISTRICT, RESPONDENTS-RESPONDENTS.

Appellants Erie County, North Collins Central School District, Lake Shore Central School District, and City of Buffalo having moved for an extension of time to perfect their appeals and petitioners having moved for an extension of time to perfect its cross appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 8, 2018, and for other relief,

Now, upon reading and filing the affidavit of Margaret A. Hurley, Esq., sworn to September 4, 2018, the affirmation of Michael B. Risman, Esq., dated September 6, 2018, the affidavit of Meghann N. Roehl, Esq., sworn to September 6, 2018, the affidavit of Joel R. Kurtzhalts sworn to September 5, 2018, the affidavit of John G. Nicolich, Esq., sworn to September 6, 2018, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted insofar as they seek extensions of time to perfect the appeals and cross appeal, and the appeals and cross appeal shall be perfected on or before November 16, 2018, and, in the event of failure to so perfect, the appeals and cross appeal are hereby dismissed without further order, and

It is further ORDERED that the motions are otherwise denied.

Entered: September 17, 2018

Mark W. Bennett, Clerk