PRESENT: CENTRA, J.P., CARNI, LINDLEY, AND WINSLOW, JJ.

DOCKET NO. CA 17-01048
DOCKET NO. CA 17-01392
DOCKET NO. CA 17-01393
DOCKET NO. CA 17-01394
DOCKET NO. CA 17-01395
DOCKET NO. CA 17-01396
DOCKET NO. CA 17-01397
DOCKET NO. CA 17-01398

JOANNE FRASCA, PLAINTIFF-APPELLANT V LEGEND DEVELOPERS, LLC, DAVID L. VICKERS & SONS, DAVID L. VICKERS, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF LEGEND DEVELOPERS, LLC AND/OR RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., ROBERT M. CARRIER, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF LEGEND DEVELOPERS, LLC AND/OR RAVEN ROCK HOMEOWNERS ASSOCIATIONS, INC., HOGAN ENGINEERING, PC, TIMOTHY HOGAN, P.E., INDIVIDUALLY AND IN HIS CAPACITY AS AN AGENT OF LEGEND DEVELOPERS, LLC AND/OR RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., ET AL., DEFENDANTS-RESPONDENTS. DONALD CARDIFF, DIANA CARDIFF, PATTI MORSE, ROBERT ROSSI, AS EXECUTOR OF THE ESTATE OF ALBERTA ROSSI, DECEASED, DOUGLAS SINGLETON, JAN SINGLETON, RICHARD TRIFICANA, MARTHA TRIFICANA, ELLEN SUE SESTITO, AND GLORIA M. IZZO, PLAINTIFFS-APPELLANTS, V ROBERT M. CARRIER, INDIVIDUALLY AND AS OFFICER/AGENT OF LEGEND DEVELOPERS, LLC, DAVID L. VICKERS, INDIVIDUALLY AND AS OFFICER/AGENT OF LEGEND DEVELOPERS, LLC, LEGEND DEVELOPERS, LLC, TIMOTHY HOGAN, P.E., INDIVIDUALLY AND AS OFFICER/AGENT OF HOGAN ENGINEERING, P.C., AND HOGAN ENGINEERING P.C., JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS. DONALD CARDIFF, DIANE CARDIFF, RANDY J. SCHAAL, TRUSTEE OF THE ESTATE OF IN BANKRUPTCY OF PATTI MORSE, ROBERT ROSSI, AS EXECUTOR OF THE ESTATE OF ALBERTA ROSSI, DECEASED, DOUGLAS SINGLETON, JAN SINGLETON, RICHARD TRIFICANA, MARTHA TRIFICANA, GLORIA M. IZZO, AND ELLEN SUE SESTITO, PLAINTIFFS-APPELLANTS, V RAVEN ROCK ESTATES HOMEOWNERS ASSOCIATION, INC., ROBERT M. CARRIER, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF RAVEN ROCK ESTATES HOMEOWNERS ASSOCIATION, INC., ET AL., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) ELLEN SUE SESITITO, PLAINTIFF-APPELLANT-RESPONDENT, V DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.) RICHARD TRIFICANA AND MARTHA TRIFICANA, PLAINTIFFS-APPELLANTS-RESPONDENTS, V DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 3.) DONALD CARDIFF AND DIANA CARDIFF, PLAINTIFFS-APPELLANTS-RESPONDENTS, V DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 4.) DOUGLAS SINGLETON AND JAN SINGLETON, PLAINTIFFS-APPELLANTS-RESPONDENTS, V DAVID L. VICKERS & SONS, AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 5.) RANDY J. SCHAAL, TRUSTEE OF THE ESTATE OF IN BANKRUPTCY OF PATRICIA A. MORSE, PLAINTIFF-APPELLANT-RESPONDENT, V DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 6.) GLORIA M. IZZO, PLAINTIFF-APPELLANT-RESPONDENT, V DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 7.) JOANNE FRASCA, PLAINTIFF-APPELLANT-RESPONDENT, V DAVID L. VICKERS & SONS AND DAVID L. VICKERS, INDIVIDUALLY, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 8.)

Plaintiffs Joanne Frasca, Donald Cardiff, Diane Cardiff, Randy J. Schaal, Trustee of the Estate in Bankruptcy of Patricia Morse, Douglas Singleton, Jan Singleton, Richard Trificana, Martha Trificana, Ellen Sue Sestito, and Gloria Izzo having moved for an order lifting the stay imposed pursuant to 11 USC § 362, to modify the caption, for an extension of time to perfect their appeals taken herein from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 10, 2015, and April 20, 2017 (appeal Nos. 1-8), and defendants-appellants David L. Vickers, individually and doing business as David L. Vickers & Sons having cross-moved for an extension of time to perfect their appeals taken from judgments entered April 20, 2017 (appeal Nos. 2 - 8),

Now, upon reading and filing the affirmation of A.J. Bosman, Esq., dated June 22, 2018, the affidavits of Merritt S. Locke, Esq., sworn to June 28, 2018, the notices of motion and cross motion with proof of service thereof, and the affirmation Kelly J. Pare, Esq., dated June 25, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiffs' motion insofar as it seeks to amend the caption to substitute Randy J. Schaal, Trustee of the Estate in Bankruptcy of Patricia Morse in place of Patricia Morse in appeal Nos. 1 and 6 is granted, and

It is further ORDERED that plaintiffs' motion and defendants-appellants David L. Vickers, individually and doing business as David L. Vickers & Sons' cross motion insofar as they seek extensions of time to perfect their appeals are granted and appellants shall perfect their appeals on or before November 15, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that plaintiffs' motion is otherwise dismissed.

Entered: July 18, 2018

Mark W. Bennett, Clerk