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

DOCKET NO. CA 16-01250

IN THE MATTER OF THE APPLICATION OF GRACIA E. CAMPBELL AND CLARISSA L. VAIDA, PETITIONERS-RESPONDENTS-APPELLANTS, FOR THE CONSTRUCTION OF THE WILL OF GRACIA M. CAMPBELL, DECEASED. (PROCEEDING NO. 1.) IN THE MATTER OF THE APPLICATION OF GRACIA E. CAMPBELL AND CLARISSA L. VAIDA, PETITIONERS-RESPONDENTS-APPELLANTS, FOR THE CONSTRUCTION OF THE WILL OF MARJORIE K.C. KLOPP, DECEASED. (PROCEEDING NO. 2.) IN THE MATTER OF THE APPLICATION OF GRACIA E. CAMPBELL AND CLARISSA L. VAIDA, PETITIONERS-RESPONDENTS-APPELLANTS, FOR THE CONSTRUCTION OF THE TRUST UNDER AGREEMENT DATED MAY 8, 1957 FOR THE BENEFIT OF GRACIA M. CAMPBELL, FORMERLY KNOWN AS GRACIA M. MEYER, DECEASED. (PROCEEDING NO. 3.) MELISSA C. ENGLAND AND BENJAMIN K. CAMPBELL, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF HAZARD K. CAMPBELL, SR., DECEASED, AND HSBC BANK USA, N.A., AS CO-TRUSTEES, RESPONDENTS-APPELLANTS-RESPONDENTS.

Petitioners-respondents-appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on May 3, 2016, and having moved to consolidate the proceedings,

Now, upon reading and filing the affirmation of Lawrence J. Koncelik, Jr., Esq., dated January 25, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as petitioners-respondents-appellants seeks an extension of time to perfect their appeal is granted, and petitioners-respondents-appellants shall perfect the appeal on or before May 3, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

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

Entered: February 6, 2017

Frances E. Cafarell, Clerk