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