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

DOCKET NO. CA 10-00577

ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS, DECEDENT, PLAINTIFFS-RESPONDENTS-APPELLANTS, V JOAN ROYSTON, DEFENDANT-APPELLANT, ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS, DECEDENT, PETITIONIERS-RESPONDENTS, V FLEET NATIONAL BANK, ET AL., RESPONDENTS-RESPONDENTS, JOAN ROYSTON, RESPONDENT-APPELLANT.

Respondents Robert Sills and Audrey Elaine Sills having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on October 7, 2009, on the ground that appellant has failed to perfect timely the appeal and, in the alternative, having moved for an extension of time to perfect respondents' cross appeal if the Court grants a conditional dismissal and the appellant does not perfect her appeal,

Now, upon reading and filing the affirmation of Mitchell T. Williams dated February 23, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Philip J. Artz dated March 8, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 17, 2010, and

It is further ORDERED that the motion is otherwise dismissed as unnecessary at this time.

Entered: March 16, 2010

Patricia L. Morgan, Clerk