KATHLEEN E. PAIGE, ADMINISTRATOR CTA OF ESTATE OF RONALD MCLANE, DECEASED V JAMES G. LOPERFIDO AND RITA LOPERFIDO
Motion No: CA 16-01700
Slip Opinion No: 2016 NY Slip Op 88341(U)
Decided on October 4, 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.


October 4, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-01700
DOCKET NO. CA 16-01702

KATHLEEN E. PAIGE, ADMINISTRATOR CTA OF ESTATE OF RONALD

MCLANE, DECEASED, PLAINTIFF-RESPONDENT,

V

JAMES G. LOPERFIDO AND RITA LOPERFIDO,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

KATHLEEN E. PAIGE, ADMINISTRATOR CTA OF ESTATE OF RONALD

MCLANE, DECEASED, PLAINTIFF-RESPONDENT,

V

JAMES G. LOPERFIDO AND RITA LOPERFIDO, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)


Respondent having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on September 11, 2013 (appeal No. 1), and May 17, 2016 (appeal No. 2), on the ground that appellants failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Anthony P. Adorante, Esq., sworn to September 9, 2016, the notice of motion with proof of service thereof, and the affidavit of Dominic V. Giacona, Esq., sworn to September 30, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before December 5, 2016.

Entered: October 4, 2016

Frances E. Cafarell, Clerk