PRESENT: SCUDDER. P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 09-00631, CA 09-00632, AND CA 09-00633

IN THE MATTER OF THE APPLICATION OF DONALD L. LACY, PETITIONER-APPELLANT, FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND PROPERTY OF JESSIE D. L. AN ALLEGED INCAPACITATED PERSON. ROBERT J. MICELI, RESPONDENT. (APPEAL NO.1.) IN THE MATTER OF THE APPLICATION OF DONALD L. LACY, PETITIONER-APPELLANT, FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND PROPERTY OF JESSIE D. L. AN ALLEGED INCAPACITATED PERSON. ————————————————- ROBERT J. MICELI, RESPONDENT. (APPEAL NO. 2.) ROBERT J. MICELI, AS GUARDIAN OF THE PERSON AND PROPERTY OF JESSIE D. L., PLAINTIFF-RESPONDENT, V DONALD L. LACY AND PATRICIA FITZGERALD, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)

Appellant having moved vacate dismissal of the appeal taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 21, 2008, July 21, 2008, and January 28, 2009,

Now, upon reading and filing the affirmation of Frank A. Aloi dated February 11, 2010,

the notice of motion with proof of service thereof, the opposing affidavit of Richard A. Kroll

DOCKET NOS. CA 09-00631, CA 09-00632, AND CA 09-00633

MARCH 8, 2010

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sworn to February 23, 2010, the reply affirmation of Frank A. Aloi dated February 25, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before May 7, 2010.

Entered: March 8, 2010

Patricia L. Morgan, Clerk