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

DOCKET NO. CA 10-01586

RICKY D. WEST, ROBERT H. WEST, ROXY G. BUSH, PAMELA J. JUDD, JODI M. LYNCH, CHARLES K. WEST, MICHAEL WEST, JAMIE-SUE WEST, PLAINTIFFS-RESPONDENTS, V MARK HOGAN AND ELIZABETH HOGAN, DEFENDANTS/THIRD-PARTY PLAINTIFFS-APPELLANTS, V DAVID VANDEWATER, THIRD-PARTY DEFENDANT-RESPONDENT.

Appellants having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Lewis on April 7, 2010, and

Plaintiffs-respondents having cross-moved to dismiss the appeal on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Paul G. Joyce, Esq. sworn to October 13, 2010, the affidavit of Peter L. Walton, Esq. sworn to October 27, 2010, the notices of motion and cross motion with proof of service thereof, and the affirmation of Robert J. Slye, Esq. dated October 27, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered August 16, 2010 is hereby amended by deleting the date October 15, 2010 and inserting in its place the date February 10, 2011, and

It is further ORDERED that the cross motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 20, 2011.

Entered: November 12, 2010

Patricia L. Morgan, Clerk