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

DOCKET NO. CA 14-01860

WILLIAM ALLEN COLLINS, PLAINTIFF-RESPONDENT, V MILLENNIUM DEVELOPMENT, LLC, VISION DEVELOPMENT, INC., AND EAGLE BUILDERS LLC, DEFENDANTS-APPELLANTS, EAGLE BUILDERS LLC, THIRD-PARTY PLAINTIFF-APPELLANT, V JOSEPH BARONE CONSTRUCTION CORP., THIRD-PARTY DEFENDANT-RESPONDENT. JOSEPH BARONE CONSTRUCTION CORP., SECOND THIRD-PARTY PLAINTIFF-RESPONDENT, V SUPERIOR STEEL, INC., SECOND THIRD-PARTY DEFENDANT-APPELLANT.

Karen Collins, as administrator of the estate of William Allen Collins, deceased, having moved to be substituted as plaintiff in this action wherein an appeal has been taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 26, 2013, and having moved for the caption of the appeal to be amended to reflect the substitution, for an extension of time to perfect plaintiff's appeal, and for other relief, and

Defendants Millennium Development, LLC, Vision Development, Inc. and Eagle Builders, LLC having cross-moved for an extension of time to perfect their appeal taken from the order entered December 26, 2013,

Now, upon reading and filing the affidavit of John C. Cherundolo, Esq., sworn to December 23, 2014, the affidavit of Elizabeth A. Hoffman, Esq., sworn to January 5, 2015, 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 the motions are dismissed with leave for Karen Collins to make a motion for substitution in Supreme Court.

Entered: February 4, 2015

Frances E. Cafarell, Clerk