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

DOCKET NO. CA 11-00263
DOCKET NO. CA 11-00264

GINA M. CHIAPPONE, AS PARENT AND NATURAL GUARDIAN OF THE PROPERTY OF BRITTNEY A. CHIAPPONE, VINCENT M. CHIAPPONE, GIOVANNI J. CHIAPPONE, MARIANA M. CHIAPPONE, AND MICHAEL T. CHIAPPONE, PLAINTIFFS-APPELLANTS, V WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, AND BANKERS LIFE INSURANCE COMPANY OF NEW YORK, DEFENDANTS-RESPONDENTS. (APPEAL NO.1.) GINA M. CHIAPPONE, AS PARENT AND NATURAL GUARDIAN OF THE PROPERTY OF BRITTNEY A. CHIAPPONE, VINCENT M. CHIAPPONE, GIOVANNI J. CHIAPPONE, MARIANA M. CHIAPPONE, AND MICHAEL T. CHIAPPONE, PLAINTIFFS-APPELLANTS, V WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, AND BANKERS LIFE INSURANCE COMPANY OF NEW YORK, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to vacate the dismissal of and extend the time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on June 29, 2009 (appeal No. 1), and December 16, 2010 (appeal No. 2),

Now, upon reading and filing the affidavit of James C. Roscetti, Esq., sworn to October 24, 2011, the notice of motion with proof of service thereof, and the affidavit of Robert D. Meade, Esq., sworn to November 14, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the

appeal from the order entered December 16, 2010, is granted, on the condition that appellant

perfects the appeal on or before February 3, 2012, and

It is further ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal from the order entered June 29, 2009, is denied.

Memorandum: The motion insofar as it seeks to vacate dismissal of the appeal from the order entered June 29, 2009, is untimely (see 22 NYCRR 1000.13 [g]).

Entered: December 5, 2011

Patricia L. Morgan, Clerk