THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY SONNELITTER, EXECUTOR, AND SONNELITTER FAMILY TRUST, V JOSEPH WHITE
Motion No: NOS. CA 12-00175
Slip Opinion No: 2012 NY Slip Op 84915(U)
Decided on September 18, 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.


September 18, 2012

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

DOCKET NOS. CA 12-00175
DOCKET NO. 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.

(APPEAL NO. 1.)

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-RESPONDENTS.

(APPEAL NO. 2.)


Plaintiffs having moved for an extension of time to file and serve a reply brief on the appeals taken herein from an order 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 affirmation of Tammy L. Riddle, Esq., dated August 29, 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 plaintiffs' reply brief is filed and served on or before October 3, 2012, and the Clerk is directed to accept the brief for filing.

Entered: September 18, 2012

Frances E. Cafarell, Clerk