THEODORA DEWOLFE, AS EXECUTRIX OF THE ESTATE OF MICHAEL A. FANGIO, DECEASED, AND THE ESTATE OF FILOMENA FANGIO
Motion No: CA 12-02140
Slip Opinion No: 2012 NY Slip Op 94153(U)
Decided on December 19, 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.


December 19, 2012

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.


Respondents Mark J. DeCuffa and Jacqueline Lauro 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 Sherry R. Bruce, Esq., sworn to December 3, 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 cost.

Entered: December 19, 2012

Frances E. Cafarell, Clerk