Opinion
DOCKET NO. CA 17-01651
10-18-2017
CARMEN VEGA, PLAINTIFF-APPELLANT, v. SHERRY M. CRANE, ADMINISTRATOR OF THE ESTATE OF COLLIN WARD CRANE, DECEASED, JEFFREY CRANE, DEFENDANTS-APPELLANTS, AND TAYLOR CRATSLEY, DEFENDANT-RESPONDENT.
PRESENT:
Respondent having moved to dismiss defendants-appellants' appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on April 17, 2017, on the ground that the appeal was untimely taken pursuant to CPLR 5513 (a), or, in the alternative, on the ground that defendants-appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Anthony Brighton, Esq., sworn to September 18, 2017, the notice of motion with proof of service thereof, and the affidavit of Michael J. Chmiel, Esq., sworn to September 28, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed on the ground that it was untimely taken (see CPLR 5513 [a], [d]; 2103 [b] [2], and
It is further ORDERED that the motion insofar as it seeks to dismiss defendants-appellants appeal on the ground that defendants-appellants failed to perfect timely the appeal is dismissed as unnecessary.
Entered: October 18, 2017
Mark W. Bennett, Clerk