| IN THE MATTER OF THE ESTATE OF DOMENICA PIZZARI, ALSO KNOWN AS SANDY PIZZARI, DECEASED. IN THE MATTER OF THE ESTATE OF |
| Motion No: CA 15-01586 |
| Slip Opinion No: 2015 NY Slip Op 86893(U) |
| Decided on October 6, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01586
| IN THE MATTER OF THE ESTATE OF DOMENICA PIZZARI, ALSO KNOWN AS
SANDY PIZZARI, DECEASED. IN THE MATTER OF THE ESTATE OF GREGORIO PIZZARI, DECEASED. JOHN PIZZARI, MARIA GRAZIA PIZZARI,
GREGORY PIZZARI AND CATERINA SABERT, FORMERLY KNOWN AS CATERINA PIZZARI, OBJECTANTS-PETITIONERS-RESPONDENTS; ANTONIA
PIZZARI, INDIVIDUALLY AND AS SUSPENDED EXECUTRIX OF THE ESTATES OF DOMENICA PIZZARI ALSO KNOWN AS SANDY PIZZARI AND GREGORIO
PIZZARI, DECEASED, RESPONDENT-APPELLANT; ALICIA S. CALAGIOVANNI, PUBLIC ADMINSTRATOR OF ONONDAGA COUNTY AND TEMPORARY
ADMINSTRATRIX C.T.A. OF THE ESTATES OF DOMENICA PIZZARI, ALSO KNOWN AS SANDY PIZZARI AND GREGORIO PIZZARI, DECEASED,
RESPONDENT. |
Respondent Alicia S. Calagiovanni having moved to dismiss the appeal taken herein from a decree of the Onondaga County Surrogate's Court entered in the Office of the Clerk of said court on June 8, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jennifer L. Alfieri, Esq., sworn to September 18, 2015, the notice of motion with proof of service thereof, and the affidavit of Dante M. Scaccia, Esq., sworn to October 1, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 7, 2015.
Entered: October 6, 2015
Frances E. Cafarell, Clerk