Opinion
Motion No: CA 15-00222 DOCKET NO. CA 15-00222 DOCKET NO. CA 15-00223
03-04-2015
IN THE MATTER OF THE APPLICATION OF MICHELE M. AZZI, PETITIONER-RESPONDENT, FOR THE APPOINTMENT OF A GUARDIAN OF THE PROPERTY OF DAVID J. D., AN ALLEGED INCAPACITATED PERSON, PURSUANT TO ARTICLE 81 OF THE MENTAL HYGIENE LAW. v. JENNY S. TRAPANI, ET AL., APPELLANTS. IN THE MATTER OF THE APPLICATION OF MICHELE M. AZZI, PETITIONER-RESPONDENT, FOR THE APPOINTMENT OF A GUARDIAN OF THE PROPERTY OF DAVID J. D., AN ALLEGED INCAPACITATED PERSON, PURSUANT TO ARTICLE 81 OF THE MENTAL HYGIENE LAW. v. JENNY S. TRAPANI, ET AL., APPELLANTS.
PRESENT: , CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
Respondent having moved to consolidate the appeals and having moved for dismissal of the appeals taken herein from an order and an order and judgment of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on August 18, 2014 (docket No. CA 15-00222) and December 10, 2014 (docket No. CA 15-00223), on the ground of failure to take timely the appeals and on the ground that appellants are not permissible appellants, for attorneys' fees and costs, and for other relief,
Now, upon reading and filing the statement of Brian Laudadio, Esq., dated January 29, 2015, and the amended affirmation of Brian Laudadio, Esq., dated February 3, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss as untimely the appeals taken from the order entered August 18, 2014 (see CPLR 5513 [a]), and
It is further ORDERED that the motion is denied insofar as it seeks to dismiss the appeals taken from the order and judgment entered December 10, 2014, with leave to raise in respondent's brief the arguments for dismissal set forth in the motion,
It is further ORDERED that the motion is granted insofar as it seeks to consolidate the appeals taken from the order and judgment entered December 10, 2014, and the appeals from the order and judgment entered December 10, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the remainder of the motion is denied.
Entered: March 4, 2015
Frances E. Cafarell, Clerk