Opinion
DOCKET NO. CA 16-02178
01-11-2017
ALBERTA M. ROSSI, PLAINTIFF, v. PATRICIA A. MORSE, DEFENDANT. ROBERT F. ROSSI, AS EXECUTOR OF THE ESTATE OF ALBERTA M. ROSSI, DECEASED, PLAINTIFF-RESPONDENT, v. PATRICIA A. MORSE, DEFENDANT-APPELLANT.
PRESENT:
Respondent 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 Oneida on May 2, 2016, on the ground that appellant failed to timely serve the notice of appeal and failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Lucille M. Rignanese, Esq., sworn to November 21, 2016, the affidavit of Kurt D. Parry, Esq., sworn to November 11, 2016, the notice of motion with proof of service thereof, and the affirmation of David G. Goldbas, Esq., dated December 7, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal on the ground that the appellant failed to perfect timely the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 13, 2017, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal on the ground that the appeal was not timely served is denied, and the notice of appeal and the amended notice of appeal are hereby deemed timely (see CPLR 5520 [a]).
Entered: January 11, 2017
Frances E. Cafarell, Clerk