IN THE MATTER OF THE PROCEEDINGS UNDER ARTICLE 81, MENTAL HYGIENE LAW, FOR THE APPOINTMENT OF A GUARDIAN FOR REGINA L.
Motion No: CA 14-01558
Slip Opinion No: 2015 NY Slip Op 62429(U)
Decided on January 22, 2015
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.


January 22, 2015

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

DOCKET NO. CA 14-01558
DOCKET NO. CA 14-02263

IN THE MATTER OF THE PROCEEDINGS UNDER ARTICLE 81, MENTAL

HYGIENE LAW, FOR THE APPOINTMENT OF A GUARDIAN FOR REGINA

L. F., AN INCAPACITATED PERSON.



LISA RYAN, STEPHEN D. RYAN AND

JOHN R. F., PETITIONERS-RESPONDENTS,

REGINA L. F., BY AND THROUGH HER GUARDIAN CATHOLIC

FAMILY CENTER, RESPONDENT-APPELLANT.

(APPEAL NO. 1.)

IN THE MATTER OF THE PROCEEDINGS UNDER ARTICLE 81, MENTAL

HYGIENE LAW, FOR THE APPOINTMENT OF A GUARDIAN FOR REGINA

L. F., AN INCAPACITATED PERSON.

—————————————————————

LISA RYAN, STEPHEN D. RYAN AND

JOHN R. F., PETITIONERS-RESPONDENTS,

REGINA L. F., BY AND THROUGH HER GUARDIAN CATHOLIC

FAMILY CENTER, RESPONDENT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 6, 2013 (appeal No. 1), having moved to consolidate that appeal with the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 7, 2014 (appeal No. 2), and having moved for other relief,

Now, upon reading and filing the affidavit of Miles P. Zatkowsky, Esq., sworn to December 18, 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 insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered December 12, 2014, hereby amended by deleting the date January 13, 2015, and inserting in its place the date March 6, 2015, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the order and judgment entered November 6, 2013, and the order entered November 7, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Memorandum: No further extensions of time to perfect the appeal taken from the order and judgment entered November 6, 2013, will be granted.

Entered: January 22, 2015

Frances E. Cafarell, Clerk