IN THE MATTER OF THE APPLICATION OF JON Z. AND VICTOR Z. FOR THE APPOINTMENT OF A GUARDIAN OF THE PROPERTY AND/OR
Motion No: CA 15-01522
Slip Opinion No: 2016 NY Slip Op 82856(U)
Decided on August 17, 2016
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.


August 17, 2016

PRESENT: CARNI, J.P., LINDLEY, CURRAN, NEMOYER, AND SCUDDER, JJ.

DOCKET NO. CA 15-01522

IN THE MATTER OF THE APPLICATION OF JON Z. AND

VICTOR Z., PETITIONERS-RESPONDENTS, FOR THE APPOINTMENT OF

A GUARDIAN OF THE PROPERTY AND/OR PERSON OF MARGARET Z., AN

ALLEGED INCAPACITATED PERSON.



TOMAS Z., RESPONDENT-APPELLANT.


Appellant having moved for a stay to enforce the order and judgement appealed, for an extension of time to perfect the appeal, and for other relief in the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 18, 2014,

Now, upon reading and filing the affidavit of Tomas Z. sworn to June 16, 2016, 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 a stay is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before October 17, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: August 17, 2016

Frances E. Cafarell, Clerk