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Giaquinto v. Farina (In re Estate of Giaquinto)

Appellate Division of the Supreme Court of the State of New York
Mar 16, 2017
2017 N.Y. Slip Op. 67454 (N.Y. App. Div. 2017)

Opinion

Motion No: 524526

03-16-2017

In the Matter of the Estate of EDWARD V. GIAQUINTO, Deceased. CYNTHIA A. JOHNSON, Respondent; v. JOANN FARINA, Appellant.


DECISION AND ORDER ON MOTION

Motion to dismiss appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal taken by notice of appeal dated November 16, 2016 as untimely is denied, without costs, and the notice is appeal is deemed to have been timely served (see CPLR 5520 [a]), and it is further

ORDERED that the appeals are dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before May 15, 2017, in which event the motion to dismiss the appeals for failure of prosecution is denied.

Peters, P.J., Egan Jr., Devine and Mulvey, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court


Summaries of

Giaquinto v. Farina (In re Estate of Giaquinto)

Appellate Division of the Supreme Court of the State of New York
Mar 16, 2017
2017 N.Y. Slip Op. 67454 (N.Y. App. Div. 2017)
Case details for

Giaquinto v. Farina (In re Estate of Giaquinto)

Case Details

Full title:In the Matter of the Estate of EDWARD V. GIAQUINTO, Deceased. CYNTHIA A…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 16, 2017

Citations

2017 N.Y. Slip Op. 67454 (N.Y. App. Div. 2017)