IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED) V

IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED) V

Motion No: CA 09-02075

Slip Opinion No: 2010 NY Slip Op 77552(U)

Decided on July 20, 2010

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

July 20, 2010

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

DOCKET NO. CA 09-02075
DOCKET NO. CA 09-02077
DOCKET NO. CA 09-02078
DOCKET NO. CA 09-02079
DOCKET NO. CA 10-00139

IN THE MATTER OF ROBERT SILLS AND
AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF
ANGELINE V. SILLS (DECEASED), PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, JOAN ROYSTON, AND
KIRK RICHARDSON, RESPONDENTS-RESPONDENTS.

AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE
ESTATE OF ANGELINE V. SILLS (DECEASED),
PLAINTIFFS-APPELLANTS,
V
FLEET BANK AND JOAN ROYSTON, DEFENDANTS-RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE
ESTATE OF ANGELINE V. SILLS (DECEASED),
PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT-RESPONDENT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 1.)
IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS
CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED),
PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, ET AL., RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
FLEET BANK ET AL., DEFENDANTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 2.)
IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS
CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED),
PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, ET AL., RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
FLEET BANK ET AL., DEFENDANTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 3.)
IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS
CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED),
PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, ET AL., RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
FLEET BANK ET AL., DEFENDANTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 4.)
IN THE MATTER OF ROBERT SILLS AND
AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V.
SILLS, DECEASED, PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, JOAN ROYSTON, AND
KIRK RICHARDSON, RESPONDENTS-RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS, DECEASED, PLAINTIFFS-APPELLANTS,
V
FLEET BANK AND JOAN ROYSTON, DEFENDANTS-RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS, DECEASED, PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT-RESPONDENT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 5.)

Appellants having moved to vacate dismissal of the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Steuben on February 13, 2009 (Docket No. CA 09-02075), June 3, 2009 (Docket No. CA 09-02077), July 31, 2009 (Docket No. CA 09-02078), and September 16, 2009 (Docket No. CA 09-02079) and to extend the time to perfect the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 31, 2009 (Docket No. CA 10-00139),

Now, upon reading and filing the affirmation of Mitchell T. Williams dated June 28, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeals is granted to the extent that dismissal of the appeals is vacated on the condition that appellants perfect the appeals on or before September 3, 2010, and

It is further ORDERED that the motion insofar as it seeks a 45-day extension of time to perfect the appeal from the order of this Supreme Court entered December 31, 2009 is dismissed as unnecessary (see 22 NYCRR 1000.13 [f]).

Entered: July 20, 2010

Patricia L. Morgan, Clerk