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 HANDSON 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.

Appellant having moved for an extension of time to perfect 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,

Now, upon reading and filing the affirmation of Lauren R. Mendolera, Esq., dated August 20, 2018, the notice of motion with proof of service thereof, and the affirmation of J. Michael Wood, Esq., dated August 30, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered July 24, 2018, is hereby amended by deleting the date September 6, 2018, and inserting in its place the date October 26, 2018.

Entered: September 4, 2018

Mark W. Bennett, Clerk