Ryan v. Regina L. F. (In re Proceedings Under Article 81)

Full title: IN THE MATTER OF THE PROCEEDINGS UNDER ARTICLE 81, MENTAL HYGIENE LAW, FOR…

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

Date published: Jan 22, 2015

2015 N.Y. Slip Op. 62429 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 14-01558 DOCKET NO. CA 14-02263

01-22-2015

IN THE MATTER OF THE PROCEEDINGS UNDER ARTICLE 81, MENTAL HYGIENE LAW, FOR THE APPOINTMENT OF A GUARDIAN FOR REGINA L. F., AN INCAPACITATED PERSON. LISA RYAN, STEPHEN D. RYAN AND JOHN R. F., PETITIONERS-RESPONDENTS, v. REGINA L. F., BY AND THROUGH HER GUARDIAN CATHOLIC FAMILY CENTER, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF THE PROCEEDINGS UNDER ARTICLE 81, MENTAL HYGIENE LAW, FOR THE APPOINTMENT OF A GUARDIAN FOR REGINA L. F., AN INCAPACITATED PERSON. LISA RYAN, STEPHEN D. RYAN AND JOHN R. F., PETITIONERS-RESPONDENTS, v. REGINA L. F., BY AND THROUGH HER GUARDIAN CATHOLIC FAMILY CENTER, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 6, 2013 (appeal No. 1), having moved to consolidate that appeal with the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 7, 2014 (appeal No. 2), and having moved for other relief,

Now, upon reading and filing the affidavit of Miles P. Zatkowsky, Esq., sworn to December 18, 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 insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered December 12, 2014, hereby amended by deleting the date January 13, 2015, and inserting in its place the date March 6, 2015, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the order and judgment entered November 6, 2013, and the order entered November 7, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Memorandum: No further extensions of time to perfect the appeal taken from the order and judgment entered November 6, 2013, will be granted.

Entered: January 22, 2015

Frances E. Cafarell, Clerk