Opinion
DOCKET NO. CA 16-02206
01-11-2017
SHANNON POOLER, PLAINTIFF-RESPONDENT, v. DENNY L. POOLER, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved, pursuant to CPLR 5520 (c), for leave to correct a clerical error on the notice of appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on May 19, 2016, and respondent having moved to dismiss the appeal on the ground that it was untimely served, and appellant having cross-moved, pursuant to 5520 (a), for the Court to excuse the late serve of the notice of appeal,
Now, upon reading and filing the affidavits of Ronald G. Hull, Esq., sworn to December 6, 2016, and December 19, 2016, the affirmations of Bridget L. Field, Esq., dated December 12, 2016, and December 23, 2016, 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 appellant's motion and cross motion are granted and the notice of appeal is deemed timely and valid (see CPLR 5520 [a] and [c]), and
It is further ORDERED that respondent's motion is denied.
Entered: January 11, 2017
Frances E. Cafarell, Clerk