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 renewed their motion to substitute as a plaintiff the Estate of Evelyn Sonnelitter, Gary Sonnelitter, Executor, and having moved for an extension of time to perfect the 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 May 31, 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 insofar as it seeks, on these appeals, to substitute as a plaintiff the Estate of Evelyn Sonnelitter, Gary Sonnelitter, Executor, is granted, and the caption for these appeals shall hereinafter be as follows:

THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY SONNELITTER, EXECUTOR, 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.

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is granted and plaintiffs shall perfect the appeals on or before July 19, 2012, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: June 19, 2012

Frances E. Cafarell, Clerk