GINGER KURTZ, AS PARENT AND NATURAL GUARDIAN OF SAMANTHA MANDARINO, AN INFANT V JOHN J. POIRIER GINGER KURTZ, AS
Motion No: NOS. CA 14-01155
Slip Opinion No: 2014 NY Slip Op 88891(U)
Decided on October 30, 2014
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.


October 30, 2014

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

DOCKET NOS. CA 14-01155
DOCKET NO. CA 14-01685

GINGER KURTZ, AS PARENT AND NATURAL GUARDIAN OF SAMANTHA

MANDARINO, AN INFANT, PLAINTIFF-APPELLANT,

V

JOHN J. POIRIER, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

GINGER KURTZ, AS PARENT AND NATURAL GUARDIAN OF SAMANTHA

MANDARINO, AN INFANT, PLAINTIFF-APPELLANT,

V

JOHN J. POIRIER, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


Appellant having moved, pursuant to CPLR 5520 (c), for this Court to correct a clerical error on the notice of appeal dated April 23, 2014, and to treat that notice of appeal as a valid appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 10, 2014 (appeal No. 2), and appellant having also moved for an extension of time to perfect the appeal from the order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 19, 2014 (appeal No. 1),

Now, upon reading and filing the affidavit of Robert E. Lahm, Esq., sworn to October 9, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion in granted insofar as it seeks to treat the notice of appeal dated April 23, 2014, as a valid appeal from the order entered April 10, 2014, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered February 19, 2014, is granted to the extent that the

ordering paragraph of the order of this Court entered August 27, 2014, is amended by deleting the date November 3, 2014, and inserting in its place the date December 3, 2014.

Entered: October 30, 2014

Frances E. Cafarell, Clerk