UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ELECTRONIC NOTICE OF APPEAL Dear Sir or Madam, Please take notice that on December 24, 2008 the court received a notice of appeal in the action set forth below. This notice serves to inform the Second Circuit of the pending appeal and provide them with the basic information they need to begin processing the appeal. After receipt of this notice, the Second Circuit will prepare issue a scheduling order which will outline the obligations and responsibilities of the parties with regard to this appeal. Should you have any questions prior to the issuance of a scheduling order, please feel free to contact the District Court Clerk's Office. Sincerely, Lawrence K. Baerman, Clerk U.S. District Court Northern District of New York By: Suzanne Gunter, Deputy Clerk EF ut nly: CASE TITLE: William M. Greene and Karen M. Greene v. Internal Revenue Service CASE NUMBER: 1:08-CV-280 (LEK/DRH) NOTICE OF APPEAL - Docket # 35 Document(s) being Appeal Order: Docket #33 Judgement: Docket # 34 FEE STATUS: Paid __ Due x Waived (IFP/CJA)__ IFP revoked Application Attached __IFP pending before COUNSEL: CJA__ RETAINED __ 8°) — 20 SE x TIME STATUS: Timely X_ Out of Time __ MOTION FOR EXTENSION OF TIME: Granted __Denied__ N/A_x_ CERTIFICATE OF APPEALABILITY: Granted _Denied __N/A _x.