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

DOCKET NO. CA 18-00210

JOHN MACKO, PLAINTIFF-APPELLANT, V NELSON E. TODD AND CATHERINE D. TODD, ET AL., DEFENDANTS-RESPONDENTS.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 13, 2017, and respondents Nelson E. Todd and Catherine D. Todd having cross-moved to dismiss the appeal on the ground that the order appealed is not appealable pursuant to CPLR 5501 and that plaintiff is not an aggrieved party pursuant to CPLR 5511,

Now, upon reading and filing the affirmations of Anthony J. Iacchetta, Esq,. received February 2, 2018, and February 9, 2018, the statement of David M. Roach, Esq., dated February 8, 2018, 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 appellant's motion is granted, and appellant shall perfect the appeal on or before April 27, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the moving respondents' cross motion is denied without prejudice and leave to renew any arguments in support of or in opposition to the contention that this appeal should be dismissed in the parties' briefs and at oral argument.

Entered: February 27, 2018

Mark W. Bennett, Clerk