Opinion
DOCKET NO. CA 14-01155 DOCKET NO. CA 14-01685
10-30-2014
GINGER KURTZ, AS PARENT AND NATURAL GUARDIAN OF SAMANTHA MANDARINO, AN INFANT, PLAINTIFF-APPELLANT, v. JOHN J. POIRIER, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GINGER KURTZ, AS PARENT AND NATURAL GUARDIAN OF SAMANTHA MANDARINO, AN INFANT, PLAINTIFF-APPELLANT, v. JOHN J. POIRIER, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved, pursuant to CPLR 5520 (c), for this Court to correct a clerical error on the notice of appeal dated April 23, 2014, and to treat that notice of appeal as a valid appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 10, 2014 (appeal No. 2), and appellant having also moved for an extension of time to perfect the appeal from the order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 19, 2014 (appeal No. 1),
Now, upon reading and filing the affidavit of Robert E. Lahm, Esq., sworn to October 9, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion in granted insofar as it seeks to treat the notice of appeal dated April 23, 2014, as a valid appeal from the order entered April 10, 2014, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered February 19, 2014, is granted to the extent that the
ordering paragraph of the order of this Court entered August 27, 2014, is amended by deleting the date November 3, 2014, and inserting in its place the date December 3, 2014.
Entered: October 30, 2014
Frances E. Cafarell, Clerk