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

DOCKET NO. CA 18-00548

TRUDY MENEAR AND CHARLES MENEAR, PLAINTIFFS-RESPONDENTS, V KWIK FILL, UNITED REFINING COMPANY, UNITED REFINING COMPANY DOING BUSINESS AS KWIK FIL, AND HUSKY CORPORATION, DEFENDANTS-APPELLANTS, MOTOR COACH INDUSTRIES, INC., MOTOR COACH INDUSTRIES INTERNATIONAL, INC., MOTOR COACH INDUSTRIES, LTD., DEFENDANTS-RESPONDENTS, GILBARCO, INC., ET AL., DEFENDANTS.

Appellants having 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 Onondaga on January 10, 2018, and plaintiffs-respondents having moved to dismiss the appeal of appellants Kwik Fill, United Refining Company, and United Refining Company doing business as Kwik Fill on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmations of Christina M. Petrella, Esq., dated March 26, 2018, and April 6, 2018, the affidavit of Meghan M. DiPasquale, Esq., sworn to March 27, 2018, the affirmation of Aaron J. Ryder, Esq., dated March 27, 2018, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motions are granted, and appellants shall perfect the appeals on or before June 8, 2018, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that plaintiffs-respondents' motion is denied.

Entered: April 9, 2018

Mark W. Bennett, Clerk