| JOSEPH J. PIETRAFESA, II V CATHERINE M. PIETRAFESA |
| Motion No: NOS. CA 06-00828, CA 06-01477, AND CA 07-00166 |
| Slip Opinion No: 2007 NYSlipOp 84685(U) |
| Decided on November 27, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND CENTRA, JJ.
DOCKET NOS. CA 06-00828, CA 06-01477, AND CA 07-00166
| JOSEPH J. PIETRAFESA, II, PLAINTIFF-RESPONDENT, V CATHERINE M.
PIETRAFESA, DEFENDANT-APPELLANT. |
Appellant having moved, on the return of an order to show cause granted by the Honorable John V. Centra on November 8, 2007, to vacate dismissal of the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 20, 2006, April 25, 2006, and December 13, 2006, and for other relief,
Now, upon reading and filing the affirmation of Stephen Lance Cimino dated
November 8, 2007, the affidavit of Catherine M. Pietrafesa sworn to November 8, 2007, said show cause order with proof of service thereof, the opposing affidavit of Joseph J. Pietrafesa, II sworn to November 19, 2007, the reply affirmation of Stephen Lance Cimino dated
November 21, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the dismissal of the appeals is hereby vacated on the condition that appellant perfect the appeals on or before January 28, 2008, and the motion is otherwise denied.
Entered: November 27, 2007
JoAnn M. Wahl, Clerk