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

DOCKET NO. CA 18-01282

ANTHONY H. CUNNINGHAM, AS EXECUTOR OF THE ESTATE OF IAN G. CUNNINGHAM, DECEASED, AND CO-TRUSTEE OF THE TRUST FOR THE BENEFIT OF MONTY HANSON CUNNINGHAM, UNDER WILL OF IAN G. CUNNINGHAM, THE TRUST FOR THE BENEFIT OF ALEXANDRA LEIGH CUNNINGHAM UNDER WILL OF IAN G. CUNNINGHAM, THE TRUST FOR THE BENEFIT OF PAIGE ELIZABETH CUNNINGHAM UNDER WILL OF IAN G. CUNNINGHAM, AND THE TRUST FOR THE BENEFIT OF CORINNA ANNE CUNNINGHAM UNDER WILL OF IAN G. CUNNINGHAM, AND PAUL WHITTAKER BURBANK, AS CO-TRUSTEE OF THE TRUST FOR THE BENEFIT OF MONTY HANSON CUNNINGHAM UNDER WILL OF IAN G. CUNNINGHAM, THE TRUST FOR THE BENEFIT OF ALEXANDRA LEIGH CUNNINGHAM UNDER WILL OF IAN G. CUNNINGHAM, THE TRUST FOR THE BENEFIT OF PAIGE ELIZABETH CUNNINGHAM UNDER WILL OF IAN G. CUNNINGHAM, AND THE TRUST FOR THE BENEFIT OF CORINNA ANNE CUNNINGHAM UNDER WILL OF IAN G. CUNNINGHAM, PLAINTIFFS-RESPONDENTS. V USAA LIFE INSURANCE COMPANY OF NEW YORK, DEFENDANT-APPELLANT.

Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 18, 2018, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmations of J. Michael Wood, Esq., dated July 12, 2018, and July 19, 2018, the notice of motion with proof of service thereof, and the affirmation of Patrick M. Tomovic, Esq., dated July 17, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 6, 2018.

Entered: July 24, 2018

Mark W. Bennett, Clerk