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Vega v. Crane

Appellate Division of the Supreme Court of the State of New York
Oct 18, 2017
2017 N.Y. Slip Op. 89605 (N.Y. App. Div. 2017)

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


Summaries of

Vega v. Crane

Appellate Division of the Supreme Court of the State of New York
Oct 18, 2017
2017 N.Y. Slip Op. 89605 (N.Y. App. Div. 2017)
Case details for

Vega v. Crane

Case Details

Full title:CARMEN VEGA, PLAINTIFF-APPELLANT, v. SHERRY M. CRANE, ADMINISTRATOR OF THE…

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

Date published: Oct 18, 2017

Citations

2017 N.Y. Slip Op. 89605 (N.Y. App. Div. 2017)