| EDWARD GALVIN, AS EXECUTOR OF THE ESTATE OF IRENE DENNISON, DECEASED V MORGAN MARIE TETRO, FORMERLY KNOWN AS MORGAN |
| Motion No: CA 18-00995 |
| Slip Opinion No: 2018 NY Slip Op 75763(U) |
| Decided on June 18, 2018 |
| 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 18-00995
| EDWARD GALVIN, AS EXECUTOR OF THE ESTATE OF IRENE DENNISON,
DECEASED, PLAINTIFF-RESPONDENT, V MORGAN MARIE TETRO, FORMERLY KNOWN AS MORGAN MARIE BURNELL, AND DAVID E. TETRO, JR.,
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 Oswego on March 21, 2017, on the ground that the appeal was untimely taken pursuant to CPLR 5513,
Now, upon reading and filing the affirmation of Janet D. Callahan, Esq., dated June 1, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed as untimely taken (see CPLR 5513 [a], [d]; 2103 [b] [2]).
Entered: June 18, 2018
Mark W. Bennett, Clerk