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

CA 20-00008
FRACCOLA, DE4CEASED, FILE NO.: 2016-376; PHILLIP FRACCOLA
2016-376, PHILLIP FRACCOLA AS TRUSTEE OF THE "SAPORITO

ALBERT G. FRACCOLA, JR., INDIVIDUALLY AND AS 50 PER CENT SHAREHOLDER, PRESIDENT AND DIRECTOR, COMMITTEEMAN OF ONE AND "CREDITOR" OF 1ST CHOICE REALTY, INC. IN OF THE PARTIES DISSOLUTION UNDER N.Y.S.B.C.L. SECS. 1005, 1006 AND 1007 AND AS "CREDITOR" AGAINST 1ST CHOICE REALTY, INC. AND ON BEHALF OF ALL OTHER CREDITORS AND STOCKHOLDERS IN A SIMILAR SITUATION AND WHO MAY COME IN CONTRIBUTE TO THE EXPENSE OF THIS ACTION, PLAINTIFF-APPELLANT, V CHAD CARSTENSEN, INDIVIDUALLY AND AS EXECUTOR UNDER THE ESTATE OF PHYLLIS FRACCOLA ALSO KNOWN AS PHYLLIS S. AS SUBSTITUTE EXECUTOR UNDER THE ESTATE OF PHYLLIS FRACCOLA ALSO KNOWN AS PHYLLIS S. FRACCOLA, DECEASED, FILE NO.: IRREVOCABLE TRUST" THE PHYLLIS FRACCOLA FAMILY TRUST, "SEPARATE TRUST SHARE FORMER BENEFICIARY OF ALAN FRACCOLA", AND PHILLIP FRACCOLA AS TRUSTEE OF THE "SEPARATE TRUSTEE SHARE FORMER BENEFICIARY OF ALAN FRACCOLA", DEFENDANTS-RESPONDENTS.

Appellant having applied for an extension of time to perfect the appeal taken herein from an amended order of the Supreme Court, Oneida County, entered July 9, 2019,

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

It is hereby ORDERED that the application is granted, the time to perfect the appeal is extended to April 10, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 26, 2020

Mark W. Bennett

Clerk of the Court