| THEODORA DEWOLFE V GRETCHEN R. VANHOUTEN |
| Motion No: CA 12-02140 |
| Slip Opinion No: 2012 NY Slip Op 92586(U) |
| Decided on December 5, 2012 |
| 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. |
DOCKET NO. CA 12-02140
| THEODORA DEWOLFE, AS EXECUTRIX OF THE ESTATE OF MICHAEL A. FANGIO, DECEASED, AND THE ESTATE OF
FILOMENA FANGIO, DECEASED, PLAINTIFF, V GRETCHEN R. VANHOUTEN, MARGARET A. FITZPATRICK, TWO GUYS FROM
ITALY, LTD, MARK J. DECUFFA, AND JACQUELINE LAURO, DEFENDANTS-RESPONDENTS. MARK J. DECUFFA AND JACQUELINE LAURO,
THIRD-PARTY PLAINTIFFS-RESPONDENTS, V JAMES A. DEWOLF AND THEODORA DEWOLFE, ALSO KNOWN AS DORA
DEWOLFE, THIRD-PARTY DEFENDANTS-APPELLANTS. |
Defendant Two Guys From Italy, Ltd. having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 31, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mitchell P. Lenczewski, Esq., sworn to November 13, 2012, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: December 5, 2012
Frances E. Cafarell, Clerk