| KAREN TANGELDER, AS GUARDIAN OF HENRY M. PANEK V LORI JEAN EVENS AND JOANNE PANEK HORTMAN |
| Motion No: CA 16-01766 |
| Slip Opinion No: 2016 NY Slip Op 88912(U) |
| Decided on October 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01766
| KAREN TANGELDER, AS GUARDIAN OF HENRY M. PANEK,
PLAINTIFF-RESPONDENT, V LORI JEAN EVENS AND JOANNE PANEK HORTMAN,
DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 6, 2016, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Jon F. Minear, Esq., sworn to September 29, 2016, the affidavit of Gregory Zini, Esq., sworn to October 11, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 16, 2016, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary.
Entered: October 17, 2016
Frances E. Cafarell, Clerk