TOWER DB VIII TRUST 2018-I V DANIEL J. WIK, DOING BUSINESS AS CINOLE HEATHER STEPHENSON, EXECUTRIX OF THE ESTATE OF
Motion No: CA 24-01711
Slip Opinion No: 2025 NY Slip Op 69294(U)
Decided on May 15, 2025
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.


May 15, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 24-01711

TOWER DB VIII TRUST 2018-I, PLAINTIFF-RESPONDENT,

V

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

HEATHER STEPHENSON, EXECUTRIX OF THE ESTATE OF WILLIAM SHARPSTEEN, DECEASED, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; AND JOHN DOE #1 "THROUGH" JOHN DOE #100. DEFENDANTS


Appellant having moved for an extension of time to perfect appeal taken herein from an order and judgement of the Supreme Court, Monroe County, entered March 21, 2024, and for other relief,

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

It is hereby ORDERED the motion insofar as it seeks an extension of time to perfect the appeal is granted, the time to perfect the appeal is extended to July 14, 2025, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

It is further ORDERED the motion insofar as it seeks an order settling the record is denied without prejudice to a motion seeking such relief in Supreme Court and any appeal from the order deciding that motion, if necessary (see Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g]; 1000.7 [b]; see also Meyer v Doyle Chevrolet, 234 AD2d 1016, 1016 [4th Dept 1996]).

Entered: May 15, 2025

Ann Dillon Flynn

Clerk of the Court