UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK AMENDED ELECTRONIC NOTICE OF APPEAL Dear Sir or Madam, Please take notice that on December 31, 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 and 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 U.S. District Court By: Suzanne Gunter, Deputy Clerk For Court Use Only: CASE TITLE: William M. Greene and Karen M. Green v. Internal Revenue Service CASE NUMBER: 1:08-CV-280 (LEK/DRH) NOTICE OF APPEAL - Docket #35 led: Document ing Al Order: Docket #33 Judgment: Docket #34 FEE STATUS: Paid X_ Due __ Waived (IFP/CJA)__ IFP revoked ___ Application Attached __IFP pending before USDJ __ COUNSEL: CJA __ RETAINED __ PROSE 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.