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

DOCKET NOS. CA 16-00827 AND CA 16-00828

MARITA E. HYMAN, PLAINTIFF-APPELLANT, V SUSAN N. BURGESS, DEFENDANT-RESPONDENT.

Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 28, 2015 (appeal No. 1), and December 2, 2015 (appeal No. 2), and for an order of this Court to accept the record as filed,

Now, upon reading and filing the affidavits of Marita Elisabeth Hyman sworn to November 11, 2016, and January 19, 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 is denied insofar as it seeks an order of this Court to accept the record as filed (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda, 239 AD2d 966), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted to the extent that the ordering paragraph of the order of this Court entered November 30, 2016, is hereby amended by deleting the date January 30, 2017, and inserting in its place the date May 1, 2017.

Memorandum: No further extensions of time to perfect appeal No. 2 will be granted.

Entered: March 1, 2017

Frances E. Cafarell, Clerk