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Rossi v. Morse

Appellate Division of the Supreme Court of the State of New York
Jan 11, 2017
2017 N.Y. Slip Op. 60861 (N.Y. App. Div. 2017)

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


Summaries of

Rossi v. Morse

Appellate Division of the Supreme Court of the State of New York
Jan 11, 2017
2017 N.Y. Slip Op. 60861 (N.Y. App. Div. 2017)
Case details for

Rossi v. Morse

Case Details

Full title:ALBERTA M. ROSSI, PLAINTIFF, v. PATRICIA A. MORSE, DEFENDANT. ROBERT F…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jan 11, 2017

Citations

2017 N.Y. Slip Op. 60861 (N.Y. App. Div. 2017)