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

DOCKET NOS. CA 16-00939 and CA 16-00940

IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS, DECEASED IN THE MATTER OF THE ESTATE OF DOROTHY THOMAS, DECEASED. ——————————————————————————— JOSEPH M. THOMAS AND GLORIA M. BORRELLI, PETITIONERS-APPELLANTS, V TOM J. THOMAS, RESPONDENT-RESPONDENT.

Appellant having moved to consolidate the appeals taken herein from an order and a decree of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on March 4, 2016, and March 25, 2016, and respondent having cross-moved to dismiss the appeals on the ground that appellant failed to perfect timely the appeals,

Now, upon reading and filing the affidavits of Edward C. Radin, Esq., sworn to June 2, 2016, and June 16, 2016, and the affidavit of Rachelle Nuhfer, Esq., sworn to June 14, 2016, 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 motion is granted, and the appeals from the order and decree entered March 4, 2016, and March 25, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the cross-motion to dismiss the appeals for failure to timely perfect is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before August 22, 2016.

Entered: June 22, 2016

Frances E. Cafarell, Clerk