BARBARA H. ACHZET, BY RUSSELL K. ACHZET, POWER OF ATTORNEY V JAY COOK AND CHARLENE M. COOK, AS TRUSTEES OF THE COOK

BARBARA H. ACHZET, BY RUSSELL K. ACHZET, POWER OF ATTORNEY V JAY COOK AND CHARLENE M. COOK, AS TRUSTEES OF THE COOK

Motion No: CA 19-02191

Slip Opinion No: 2021 NY Slip Op 75185(U)

Decided on November 22, 2021

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.

November 22, 2021

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

CA 19-02191

BARBARA H. ACHZET, BY RUSSELL K. ACHZET, POWER OF ATTORNEY,
PLAINTIFF-RESPONDENT,
V
JAY COOK AND CHARLENE M. COOK, AS TRUSTEES
OF THE COOK FAMILY TRUST, DEFENDANTS-APPELLANTS.

Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court, Yates County, entered November 1, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied as untimely (see 22 NYCRR 1250.10 [c]).

Entered: November 22, 2021

Ann Dillon Flynn

Clerk of the Court