| LEE C. LAMENDOLA, AS ADMINISTRATOR OF THE ESTATE OF PAUL LAMENDOLA, SR., DECEASED AND MARIE LAMENDOLA CANNIZZARO |
| Motion No: NOS. CA 08-00526, CA 08-00533, AND CA 08-00534 |
| Slip Opinion No: 2009 NYSlipOp 63890(U) |
| Decided on February 18, 2009 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 08-00526, CA 08-00533, AND CA 08-00534
| LEE C. LAMENDOLA, AS ADMINISTRATOR OF THE ESTATE OF PAUL LAMENDOLA,
SR., DECEASED AND MARIE LAMENDOLA CANNIZZARO, CLAIMANTS-RESPONDENTS-APPELLANTS, V NEW YORK STATE THRUWAY
AUTHORITY, DEFENDANT-APPELLANT-RESPONDENT. GINO P. LAMENDOLA, AS ADMINISTRATOR OF THE ESTATES OF DEBORAH
LAMENDOLA, NICHOLAS LAMENDOLA AND CHESA LAMENDOLA, DECEASED; LEE C. LAMENDOLA, AS GUARDIAN OF PAUL LAMENDOLA, JR., AN INFANT,
AND LAUREN LAMENDOLA, AN INFANT, CLAIMANTS-RESPONDENTS-APPELLANTS, V NEW YORK STATE THRUWAY AUTHORITY,
DEFENDANT-APPELLANT-RESPONDENT. LEE C. LAMENDOLA, AS ADMINISTRATOR OF THE ESTATE OF PAUL LAMENDOLA, SR., DECEASED AND MARIE
LAMENDOLA CANNIZZARO, CLAIMANTS-RESPONDENTS-APPELLANTS, V NEW YORK STATE THRUWAY AUTHORITY,
DEFENDANT-APPELLANT-RESPONDENT. GINO P. LAMENDOLA, AS ADMINISTRATOR OF THE ESTATES OF DEBORAH LAMENDOLA, NICHOLAS LAMENDOLA
AND CHESA LAMENDOLA, DECEASED; LEE C. LAMENDOLA, AS GUARDIAN OF PAUL LAMENDOLA, JR., AN INFANT, AND LAUREN LAMENDOLA, AN INFANT,
CLAIMANTS-RESPONDENTS- APPELLANTS, V NEW YORK STATE THRUWAY AUTHORITY, DEFENDANT-APPELLANT-
RESPONDENT. |
DOCKET NOS. CA 08-00526, CA 08-00533, AND CA 08-00534
PAGE 2
FEBRUARY 18, 2009
Defendant having moved for an extension of time to perfect the appeals taken from judgments and an order of the Court of Claims entered in the Office of the Clerk of said Court on February 25, 2008, February 25, 2008 and February 5, 2008, and claimants having cross-moved for an extension of time to perfect the cross appeals,
Now, upon reading and filing the affidavit of Julie S. Mereson sworn to January 30, 2009, the notice of motion with proof of service thereof, the affidavit of Kathleen J. Martin sworn to February 12, 2009 the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and defendant shall perfect the appeals on or before April 6, 2009 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, granted and claimants shall perfect the cross appeals on or before May 5, 2009 and, in the event of failure to so perfect, the cross appeals are hereby dismissed without further order.
Entered: February 18, 2009
JoAnn M. Wahl, Clerk