JOHN MAZZARELLA, INDIVIDUALLY AND AS FATHER OF FOUR MINOR CHILDREN OF AGES 5, 7, 9, AND 11 V SYRACUSE DIOCESE, BISHOP
Motion No: CA 17-00374
Slip Opinion No: 2017 NY Slip Op 69802(U)
Decided on April 4, 2017
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.


April 4, 2017

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

DOCKET NO. CA 17-00374

JOHN MAZZARELLA, INDIVIDUALLY AND AS FATHER OF FOUR MINOR

CHILDREN OF AGES 5, 7, 9, AND 11, PLAINTIFF-APPELLANT,

V

SYRACUSE DIOCESE, BISHOP JAMES M. MOYNIHAN, BISHOP THOMAS

J. COSTELLO, DEFENDANTS, AND FR. JOHN W. BRODERICK,

DEFENDANT-APPELLANT.


Appellant having moved for a stay of enforcement of an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 29, 2016, and for an extension of time to perfect the appeal,

Now, upon reading and filing the affidavit of John W. Broderick sworn to February 21, 2017, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: April 4, 2017

Frances E. Cafarell, Clerk