| SANTO C. PISANI V GREGORY MILLS, AS THE SURVIVING EXECUTOR OF THE ESTATE OF LINDA MILLS PISANI (SUBSTITUTED FOR THE |
| Motion No: NOS. CA 09-02430 AND CA 09-02431 |
| Slip Opinion No: 2010 NY Slip Op 62085(U) |
| Decided on January 26, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 09-02430 AND CA 09-02431
| SANTO C. PISANI, PLAINTIFF-APPELLANT, V GREGORY MILLS, AS THE
SURVIVING EXECUTOR OF THE ESTATE OF LINDA MILLS PISANI (SUBSTITUTED FOR THE LATE LINDA MILLS PISANI),
DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeals taken herein from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 5, 2008 (Appeal No. 1) and April 14, 2008 (Appeal No. 2), and to consolidate the appeals,
Now, upon reading and filing the affidavit of Robert F. Baldwin, Jr. sworn to November 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Mario D'Arrigo dated December 1, 2009, the opposing affidavit of Gregory C. Mills sworn to December 1, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of Appeal No. 1 is denied as untimely (see 22 NYCRR 1000.13 [g]), and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of Appeal No. 2 is denied (id.), and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is dismissed.
Entered: January 26, 2010
Patricia L. Morgan, Clerk