PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00392

AMY L. SMITH AND MARK SMITH, PLAINTIFFS-RESPONDENTS-APPELLANTS, V ROBERT J. TARASKA, DEFENDANT-APPELLANT-RESPONDENT, NANETTE ROBERTS AND MARK A. ROBERTS, DEFENDANTS-RESPONDENTS.

Defendants-respondents having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 4, 2015, on the ground that appellants failed to perfect timely the appeals, and defendant-appellant-respondent having cross-moved for an extension of time to perfect his appeal,

Now, upon reading and filing the affidavit of Kenneth L. Bobrow, Esq., sworn to March 8, 2016, the affidavit of Terance V. Walsh, Esq., sworn to March 18, 2016, the notices of motion and cross motion with proof of service thereof, and the affirmation of Eva Brindisi Pearlman, Esq., dated March 24, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that defendants-respondents motion is granted, and defendant-appellant-respondent's appeal is dismissed without further order unless the appeal is perfected on or before May 31, 2016, and plaintiffs-respondents-appellants' appeal is dismissed without further order unless the appeal is perfected on or before July 5, 2016, and

It is further ORDERED that defendant-appellant-respondent's cross motion is dismissed as unnecessary.

Entered: March 29, 2016

Frances E. Cafarell, Clerk