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

DOCKET NO. CA 11-02200

AMBER M. (HOWSER) DEHASS AND BRUCE DEHASS, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V TIMOTHY R. KATHAN AND TIME WARNER, DEFENDANTS-RESPONDENTS.

Appellants having moved for an order transferring to the Appellate Division, Third Department the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Chemung on July 20, 2011, and for an extension of time to perfect the appeal,

Respondents having cross-moved for an order denying or staying appellants' motion, or, in the alternative, an order denying appellants' motion and dismissing appellants' appeal on the ground that appellants failed to take a proper and timely appeal,

Now, upon reading and filing the affidavits of Anna Czarples, Esq., sworn to October 28, 2011, and November 3, 2011, and the affirmation of Stephanie M. Campbell, Esq., dated November 3, 2011, and the notices of motion and cross 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 transfer the appeal is granted, and the appeal is transferred to the Appellate Division, Third Department, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed without prejudice to a new motion for an extension made to the Appellate Division, Third Department, and

It is further ORDERED that the cross motion is denied.

Entered: December 6, 2011

Patricia L. Morgan, Clerk