PRESENT: WHALEN, P.J., CENTRA, LINDLEY, CURRAN, AND TROUTMAN, JJ.

DOCKET NO. CA 18-00647

IN THE MATTER OF ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY, PETITIONER-RESPONDENT, V JOHN R. STENSRUD, MARIA B. STENSRUD, RESPONDENTS-APPELLANTS, AND CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, AS MORTGAGEE, RESPONDENT.

Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 15, 2016 (appeal No. 1), and having moved for leave to add the notice of appeal for appeal No. 1 to the record for the appeal taken herein from an order of the same Court entered August 1, 2017 (appeal No. 2), and to deem appeal No. 1 to be perfected, and for other relief,

Now, upon reading and filing the affirmation of John T. Refermat, Esq., dated April 13, 2018, 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 granted insofar as it seeks to vacate dismissal of the appeal, on the condition that appellant perfects the appeal on or before July 16, 2018, and

It is further ORDERED that the motion is denied insofar as it seeks leave to add the notice of appeal for appeal No. 1 to the record of appeal No. 2, and to further deem appeal No. 1 to be perfected, and

It is further ORDERED that the motion is denied insofar as it seeks an order stating that there is no valid consideration for the stipulation staying the accrual of interest pending the appeal, without prejudice and leave to renew any arguments in support of or in opposition to such relief in the parties briefs and at oral argument of appeal No. 1.

Entered: May 15, 2018

Mark W. Bennett, Clerk