Opinion
DOCKET NO. CA 15-00387
05-28-2015
IN THE MATTER OF THE PROBATE PROCEEDING, WILL OF EDWARD ZIEMBA, DECEASED. v. JANINA PRANDOTA, PETITIONER-APPELLANT; ROMAN CATHOLIC DIOCESE OF SYRACUSE, N.Y., INC., AND BASILICA OF THE SACRED HEART, RESPONDENTS-RESPONDENTS.
PRESENT:
Respondents having moved to dismiss the appeal herein from an order of the Onondaga County Surrogate's Court entered in the Office of the Clerk of said court on July 30, 2014, on the ground that petitioner has not timely taken an appeal, and for other relief,
Now, upon reading and filing the affirmation of Maureen E. Maney, Esq., dated March 2, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The motion insofar as it seeks to dismiss the appeal as untimely taken must be denied inasmuch as respondents have failed to establish service of the underlying order with written notice of entry (see CPLR 5513 [a]; see generally Matter of Reynolds v Dustman, 1 NY3d 559). A motion to dismiss for failure to perfect timely shall not be made until 60 days have passed since the service of the notice of appeal (see 22 NYCRR 1000.2 [b]; 1000.12 [a]).
Entered: May 28, 2015
Frances E. Cafarell, Clerk