| Wonderly, as the co-guardian of property of Abigail Wonderly and Matth |
| Motion No: 2016-11232 |
| Slip Opinion No: 2017 NY Slip Op 73885(U) |
| Decided on May 15, 2017 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M231098
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
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2016-11232 Lawrence Wonderly, as the co-guardian of property of Abigail Wonderly and Matthew Wonderly, etc., appellant, v City of Poughkeepsie, et al., respondents. (Action No. 1) Alan DeSantola, as administrator of estate of Patricia Wonderly, deceased, et al., appellants, v City of Poughkeepsie, et al., respondents, et al., defendant. (Action No. 2) (Index No. 5874/13)
| DECISION & ORDER ON MOTION |
Motion by the defendant in Action No. 2, Lawrence Wonderly, as administrator of the estate of Shawn E. Wonderly, deceased, to dismiss appeals from an order of the Supreme Court, Dutchess County, dated September 29, 2016, for failure to timely perfect. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is dismissed as the movant does not have standing to make the motion as he is not a respondent on the appeals; and it is further,
ORDERED that the application is granted, the appellants' time to perfect the appeals is enlarged until July 14, 2017, and the joint record or appendix on the appeals and the appellants' respective briefs shall be served and filed on or before that date.
BALKIN, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court