| 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 NY Slip Op 78794(U) |
| Decided on July 16, 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: SMITH, J.P., CENTRA, CARNI, AND GORSKI, 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
July 16, 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, or in the alternative to withdraw the appeals without prejudice to their reinstatement on or before September 7, 2009, and claimants having cross-moved for the same relief with respect to the cross appeals,
Now, upon reading and filing the affirmation of Julie S. Mereson dated June 4, 2009, the notice of motion with proof of service thereof, the affidavit of Kathleen J. Martin sworn to June 25, 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 to the extent that the appeals are dismissed without further order unless the appeals are perfected on or before September 8, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the cross appeals are hereby dismissed without further order unless the cross appeals are perfected by October 8, 2009.
Entered: July 16, 2009
Patricia L. Morgan, Clerk