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

DOCKET NO. CA 14-01406

ROBERT H. METCALF, PLAINTIFF-RESPONDENT-APPELLANT, V DAVID M. CUNNINGHAM, JOAN S. CUNNINGHAM, PETER CUNNINGHAM, KIM CUNNINGHAM POSSIBLY KNOWN AS KIMBERLY CUNNINGHAM, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS.

Defendants-appellants-respondents having moved for an extension of time to perfect their appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on October 29, 2013, and

Plaintiff-respondent-appellant having cross-moved for an extension of time to perfect his cross appeal taken from the order entered October 29, 2013, and for other relief,

Now, upon reading and filing the affidavit of Jeffrey F. Allen, Esq., sworn to August 7, 2014, the affidavit of Laurence M. Karz, Esq., sworn to August 12, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that defendants-appellants-respondents' motion is granted, and defendants-appellants-respondents shall perfect their appeal on or before October 27, 2014, and, in the event of failure to so perfect, their appeal is hereby dismissed without further order, and

It is further ORDERED that plaintiff-respondent-appellant's cross motion is granted insofar as it seeks an extension of time to perfect his cross appeal, and plaintiff-respondent-appellant shall perfect his cross appeal on or before December 1, 2014, and, in the event of failure to so perfect, his cross appeal is hereby dismissed without further order, and

It is further ORDERED that the cross motion is otherwise denied.

Entered: August 21, 2014

Frances E. Cafarell, Clerk