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, and City of Buffalo, having moved for an extension of time to perfect the appeals 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 petitioners having cross-moved for an extension of time to perfect the cross appeal taken from the same order,

Now, upon reading and filing the affidavit of Margaret A. Hurley, Esq., sworn to November 21, 2018, the statement of Michael B. Risman, Esq., received November 23, 2018, the affidavit of Maura C. Seibold, Esq,. sworn to November 20, 2018, and the affidavit of John G. Nicolich, Esq., sworn to November 27, 2018, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are cross motion are granted, and appellants shall perfect the appeal on or before December 31, 2018, and, in the event of failure to so perfect, the appeals hereby dismissed without further order.

Memorandum: No further extensions of time to perfect will be granted to appellants' and petitioners' present counsel absent an unanticipated and extraordinary excuse for the delay.

Entered: December 3, 2018

Mark W. Bennett, Clerk