PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 08-01823 AND CA 08-01824

IN THE MATTER OF THE ESTATE OF ELIZABETH O. VELIE, DECEASED. EDWARD C. VELIE, JR., PETITIONER-RESPONDENT; CHRISTINE B. WILCOX, JOHN WILCOX, AND ELIZABETH WILCOX, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) —————————————————————— —————————————————————— ———- IN THE MATTER OF THE ESTATE OF ELIZABETH O. VELIE, DECEASED. —————————————————————— ————— EDWARD C. VELIE, JR., PETITIONER-RESPONDENT; CHRISTINE B. WILCOX, JOHN WILCOX, AND ELIZABETH WILCOX, RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

The parties having moved to consolidate the appeals and cross appeal taken from a decree and an order of the Niagara County Surrogate's Court entered in the Clerk of said Court on October 25, 2007 and December 4, 2007, and for an extension of time to perfect the appeals and cross appeal,

Now, upon reading and filing the affirmation of Heath J. Szymczak dated August 28, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted; the appeals from the decree and order entered October 25, 2007 and December 4, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals; respondents shall perfect their appeals on or before October 3, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order; and petitioner shall perfect his cross appeal on or before November 3, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: September 16, 2008

JoAnn M. Wahl, Clerk