THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY SONNELITTER, EXECUTOR, AND SONNELITTER FAMILY TRUST, V JOSEPH WHITE
Motion No: NOS. CA 12-00175 AND CA 12-00176
Slip Opinion No: 2012 NY Slip Op 81615(U)
Decided on August 6, 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.


August 6, 2012

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

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

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.


Defendants Carol Alabiso, Gerald McClain Whitley and McClain Properties, LLC, having moved for an extension of time to file and serve a brief on the appeals taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2012,

Now, upon reading and filing the affidavit of Lawrence C. Brown, Esq., sworn to July 24, 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 on the condition that the brief is filed and served on or before September 19, 2012, and the Clerk is directed to accept the brief for filing.

Entered: August 6, 2012

Frances E. Cafarell, Clerk