EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST, V JOSEPH
Motion No: NOS. CA 12-00175 AND CA 12-00176
Slip Opinion No: 2012 NY Slip Op 67291(U)
Decided on March 12, 2012
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.


March 12, 2012

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

DOCKET NOS. CA 12-00175 AND CA 12-00176

EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS

SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

JOSEPH WHITE, INDIVIDUALLY AND AS FORMER

TRUSTEE OF THE SONNELITTER FAMILY TRUST,

DEFENDANT-RESPONDENT-APPELLANT,

CAROL ALABISO, GERALD MCCLAIN WHITLEY AND

MCCLAIN PROPERTIES, LLC, DEFENDANTS.


Plaintiffs having moved for an extension of time to perfect their appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2011,

Now, upon reading and filing the affirmation of Tammy L. Riddle, Esq., dated March 2, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and plaintiffs shall perfect their appeals on or before May 14, 2012, and, in the event of failure to so perfect, their appeals are hereby dismissed without further order.

Entered: March 12, 2012

Frances E. Cafarell, Clerk