Opinion
DOCKET NO. CA 12-02140
04-12-2013
THEODORA DEWOLFE, AS EXECUTRIX OF THE ESTATE OF MICHAEL A. FANGIO, DECEASED, AND THE ESTATE OF FILOMENA FANGIO, DECEASED, PLAINTIFF-APPELLANT, v. GRETCHEN R. VANHOUTEN, MARGARET A. FITZPATRICK, TWO GUYS FROM ITALY, LTD, MARK J. DECUFFA AND JACQUELINE LAURO, DEFENDANTS-RESPONDENTS. MARK J. DECUFFA AND JACQUELINE LAURO, THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. JAMES A. DEWOLF AND THEODORA DEWOLFE, ALSO KNOWN AS DORA DEWOLFE, THIRD-PARTY DEFENDANTS-APPELLANTS.
Respondents Mark J. DeCuffa and Jacqueline Lauro having moved to dismiss the appeal of plaintiff-appellant taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 31, 2012, on the ground that plaintiff-appellant failed both to serve timely the notice of appeal and to perfect timely the appeal,
Now, upon reading and filing the affidavit of Sherry R. Bruce, Esq., sworn to January 7, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to serve timely the appeal is denied (see Matter of Reynolds v Dustman, 1 NY3d 559, 561), and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal is dismissed as premature (see 22 NYCRR 1000.12 [a]).
Frances E. Cafarell, Clerk