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

DOCKET NO. CA 17-01132

PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS-APPELLANTS, V WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5, ENCORE PROPERTY MANAGEMENT OF WESTERN NEW YORK, LLC, TIMOTHY FOSTER, AS RECEIVER, ESTATE OF KENNETH P. RAY, DECEASED, AND LINDA PALMER AS TRUSTEE OF THE PALMER FAMILY TRUST, DEFENDANTS-RESPONDENTS, KENNETH PAUL RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED, DEFENDANT-APPELLANT. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CERTIFICATES, SERIES 2007-C5, THIRD-PARTY PLAINTIFF, V LINDA PALMER, THIRD-PARTY DEFENDANT.

Appellants Patrick Loreto, in the right of and on behalf of Encore Properties of Rochester, LLC, and Riccardo Dursi, in the right of and on behalf of Encore Properties of Rochester, LLC having moved and appellant Kenneth Paul Ray, Jr., Executor of the estate of Kenneth P. Ray, deceased having cross-moved for an extension of time to perfect the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 5, 2016,

Now, upon reading and filing the affidavit of Joseph A. Taddeo, Jr., Esq., sworn to August 25, 2017, the affirmation of Jay G. Williams, III, Esq., dated September 5, 2017, 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 motions are granted, and appellants shall perfect the appeals on or before November 20, 2017, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: September 11, 2017

Frances E. Cafarell, Clerk