Opinion
DOCKET NO. CA 16-00937
06-21-2016
BETTE DAVIS WEHLE, PLAINTIFF-RESPONDENT, v. ALFREDA MOROCZKO, DEFENDANT AND NICHOLAS MOROCZKO, 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 Erie on January 7, 2016, on the ground that appellant failed to perfect timely the appeal, and Justin S. White, Esq., having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Jon F. Minear, Esq., sworn to May 31, 2016, the affidavit of Justin S. White, Esq., sworn to June 6, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are dismissed on the ground that the appeal is held in abeyance until a representative of the estate of Nicholas Moroczko is substituted as a party for Nicholas Moroczko (see CPLR 1015 [b]; 1021; Matter of Drumm v Shah, 107 AD3d 1476).
Entered: June 21, 2016
Frances E. Cafarell, Clerk