Opinion
DOCKET NO. CA 17-01446 DOCKET NO. CA 18-00562
08-27-2018
MARK HOGAN AND ELIZABETH HOGAN, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF J.H., AN INFANT, AND I.H., AN INFANT, PLAINTIFFS-APPELLANTS, v. DAVID VANDEWATER, FRANK P. ROSE, AND GINA NICOLETTI, DEFENDANTS-RESPONDENTS.
PRESENT:
Appellants having moved to vacate the dismissal of the appeal (denominated "extension of time to perfect the appeal") taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Lewis on May 5, 2017 (appeal No. 1), and for an extension of time to perfect the appeal taken from the order entered December 18, 2017 (appeal No. 2),
Now, upon reading and filing the affirmation of A.J. Bosman, Esq., dated August 10, 2018, the notice of motion with proof of service thereof, the affirmation of Mark D. Goris, Esq., dated August 13, 2018, the affirmation of Paul A. Sauders, Esq., dated August 15, 2018, and the affirmation of Robert J. Slye, Esq., dated August 14, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 1 is granted, on the condition that appellant perfects the appeal on or before October 9, 2018, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted to the extent that the second ordering paragraph of the order of this Court entered June 28, 2018, is hereby amended by deleting the date August 10, 2018, and inserting in its place the date October 9, 2018.
Memorandum: No further extensions of time to perfect appeal No. 2 will be granted.
Entered: August 27, 2018
Mark W. Bennett, Clerk