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

DOCKET NO. CA 16-01971

IN THE MATTER OF THE APPLICATION FOR THE RESCISSION OF THE LORIE DEHIMER IRREVOCABLE TRUST, SUCCESSOR TO THE MARION A. SEARS TRUSTS. LORIE M. DEHIMER, PETITIONER-APPELLANT; HOWARD P. SEARS, JR., THOMAS A. SEARS AND DAVID H. WOOD, TRUSTEES, RESPONDENTS-RESPONDENTS. IN THE MATTER OF THE APPLICATION FOR THE RESCISSION OF THE J. STEVEN DEHIMER IRREVOCABLE TRUST, SUCCESSOR TO THE MARION A. SEARS TRUSTS. —————————————————————- J. STEVEN DEHIMER, PETITIONER-APPELLANT; HOWARD P. SEARS, JR., THOMAS A. SEARS AND DAVID H. WOOD, TRUSTEES, RESPONDENTS-RESPONDENTS.

Respondents having moved to dismiss the appeals or, in the alternative, consolidate the appeals taken herein from an order and decree of the Oneida County Surrogate's Court entered in the Office of the Clerk of said court on June 9, 2016, on the ground that appellants failed to perfect timely their appeals,

Now, upon reading and filing the affirmations of Cecelia R. S. Cannon, Esq., dated October 24, 2016, and October 26, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to November 3, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks 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 January 6, 2017, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted.

Entered: November 7, 2016

Frances E. Cafarell, Clerk