Opinion
DOCKET NO. CA 17-01241
08-23-2017
LORNA KAESTER, INDIVIDUALLY AND AS PARENT ON BEHALF OF AB AND CB, INFANTS, PLAINTIFF-APPELLANT, v. PARKLYN ASSOCIATES, INC. AND FRANK FRAZIER, DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 19, 2017, on the ground that the appeal was untimely taken pursuant to CPLR 5513 (a), and appellant having cross-moved for curative relief pursuant to CPLR 5520 (a),
Now, upon reading and filing the affidavit of Kristin L. Norfleet, Esq., sworn to July 7, 2017, the affirmation of Lance R. Hartwich, Esq., dated July 24, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is denied, and
It is further ORDERED that appellant's cross motion is granted insofar as it seeks relief pursuant to CPLR 5520 (a) and the notice of appeal is hereby deemed to be timely served and filed.
Entered: August 23, 2017
Frances E. Cafarell, Clerk