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

DOCKET NO. CA 12-02009
DOCKET NO. CA 12-02010

CHARLES R. HILL AND CATHY HILL, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V THOMAS P. CASH, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, THOMAS P. CASH AND CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATORS OF THE ESTATE OF BRETT W. RIETHMILLER DOING BUSINESS AS ELM STREET AUTOMOTIVE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) LINDA J. CASH, AS ADMINISTRATRIX OF THE ESTATE OF PENNY C. RIETHMILLER, DECEASED, PLAINTIFF-RESPONDENT, V CHARLES R. HILL, DEFENDANT-APPELLANT, THOMAS P. CASH, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATORS OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, AND THOMAS P. CASH AND CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, DOING BUSINESS AS ELM STREET AUTOMOTIVE, DEFENDANTS. (APPEAL NO. 2.)

Appellants having moved to vacate the dismissal of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on February 15, 2012, and April 5, 2012,

Now, upon reading and filing the affidavit of Ellen B. Strum, Esq., sworn to June 13, 2013, 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 appellants perfect the appeals on or before September 6, 2013.

Entered: July 8, 2013

Frances E. Cafarell, Clerk