ESTATE OF WILLIAM SHARPSTEEN V DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS CINOLE (Appeal No. 1.) ESTATE OF
Motion No: CA 19-02063
Slip Opinion No: 2021 NY Slip Op 61295(U)
Decided on February 1, 2021
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


February 1, 2021

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

CA 19-02063
CA 19-02296
CA 19-02297
CA 19-02298

ESTATE OF WILLIAM SHARPSTEEN, PLAINTIFF-RESPONDENT,

V

DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS CINOLE,

DEFENDANT-APPELLANT.

(Appeal No. 1.)

ESTATE OF WILLIAM SHARPSTEEN, PLAINTIFF-RESPONDENT,

V

DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS CINOLE, DEFENDANT-APPELLANT.

(Appeal No. 2.)

ESTATE OF WILLIAM SHARPSTEEN, PLAINTIFF-RESPONDENT,

V

DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS CINOLE, DEFENDANT-APPELLANT.

(Appeal No. 3.)

ESTATE OF WILLIAM SHARPSTEEN, PLAINTIFF-RESPONDENT,

V

DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS CINOLE, DEFENDANT-APPELLANT.

(Appeal No. 4.)


Appellant having moved for an extension of time to perfect the appeals taken herein from orders and an amended order of the Supreme Court, Monroe County, entered May 3, 2019 (appeal No. 1), and December 9, 2019 (appeal Nos. 2, 3, and 4),

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 granted insofar as it seeks to extend the time to perfect appeal Nos. 2, 3, and 4, and the time to perfect the appeals is extended to March 3, 2021, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of appeal No. 1 is granted on the condition that the appeal is perfected on or before March 3, 2021.

Memorandum: No further extensions of time to perfect will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: February 1, 2021

Mark W. Bennett

Clerk of the Court