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

DOCKET NO. CA 18-00350
DOCKET NO. CA 19-00134

IN THE MATTER OF THE ESTATE OF MARK E. CONGDON, DECEASED. IN THE MATTER OF THE MARK CONGDON CHILDREN'S TRUST. ——————————————————————& mdash;——- IN THE MATTER OF ANNEMARIE CONGDON, AS THE EXECUTOR OF THE ESTATE OF MARK E. CONGDON, DECEASED, AND AS CO-TRUSTEE OF THE MARK CONGDON CHILDREN'S TRUST, PETITIONER-APPELLANT, V DYKEMA GOSSETT PLLC AND SPEISER KRAUSE, P.C., RESPONDENTS-RESPONDENTS. (APPEAL NO.1.) MATTER OF THE ESTATE OF MARK CONGDON, DECEASED. (PROCEEDING NO. 1) ——————————————————————& mdash; MATTER OF THE MARK CONGDON'S CHILDREN TRUST DATED JANUARY 14, 2003. (PROCEEDING NO. 2.) ——————————————————————& mdash;- JAMES SMITH, PETITIONER-RESPONDENT; ANNEMARIE F. CONGDON, AS EXECUTOR OF THE ESTATE OF MARK CONGDON, DECEASED, AND ANNEMARIE F. CONGDON AS CO-TRUSTEES OF MARK CONGDON'S CHILDREN'S TRUST, AND RHEANNA G. CONGDON, OBJECTANTS-APPELLANTS, JAMES E. KELLY, ESQ., RESPONDENT. (APPEAL NO. 2.)

Appellants having moved to modify the motion order of this Court entered February 4, 2019, with respect to the appeals taken herein from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on November 28, 2017 (appeal No. 1), and December 5, 2018 (appeal No. 2),

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks to modify the motion order of this Court entered February 4, 2019, by removing the memorandum prohibiting further extensions of appeal No. 1 without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1250.10 [c]), and

It is further ORDERED that the motion is granted insofar as it seeks to modify the same motion order by amending the caption and correcting the spelling of Rheanna G. Congdon's name.

Entered: April 3, 2019

Mark W. Bennett, Clerk