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

DOCKET NOS. CA 11-01676, CA 11-01677, CA 11-01678, AND CA 11-02382

IN THE MATTER OF THE TRUSTS FOR STEPHANIE MCDONALD AND KELLY MCDONALD CREATED IN THE WILL OF IGNATIUS S. LUPPINO, DECEASED. IDALYNN LUPPINO MCDONALD, TRUSTEE, RESPONDENT-APPELLANT; MICHELE LUPPINO, RESPONDENT; STEPHANIE MCDONALD AND KELLY MCDONALD, PETITIONERS-RESPONDENTS.

Respondents having moved to dismiss the appeals taken herein from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on December 20, 2010 (Docket No. CA 11-01676), April 13, 2011 (Docket No. CA 11-01677), and July 5, 2011 (Docket No. CA 11-01678), on the ground that appellant has failed to perfect timely the appeals, and respondents having moved to dismiss the appeal from an order entered in the Office of the Clerk of said court on August 29, 2011 (Docket No. CA 11-02382), on the ground that appellant failed to file timely the notice of appeal,

Now, upon reading and filing the affidavit of Kevin T. Stocker, Esq., sworn to December 22, 2012, the notice of motion with proof of service thereof, and the affirmation of Barry J. Donohue, Esq., dated January 2, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeals entered December 20, 2010, April 13, 2011, and July 5, 2011, for failure to perfect timely is granted and the appeals are dismissed without further order unless the appeals are perfected on or before April 2, 2012, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeal from the order entered August 29, 2011, for failure to file timely the notice of appeal is denied without prejudice to respondents' filing and serving a new motion including, among other things, a copy of the written notice of entry, a copy of the order served therewith, and proof of service of those documents.

Entered: January 31, 2012

Frances E. Cafarell, Clerk