FRANK A. VELLA V IRYNA M. VELLA FRANK A. VELLA V IRYNA M. VELLA (APPEAL NO. 2.) FRANK A. VELLA V IRYNA M. VELLA
Motion No: CA 22-00467
Slip Opinion No: 2022 NY Slip Op 64569(U)
Decided on April 11, 2022
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 11, 2022

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

CA 22-00467
CA 22-00468
CA 22-00024

FRANK A. VELLA, PLAINTIFF-APPELLANT,

V

IRYNA M. VELLA, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

FRANK A. VELLA, PLAINTIFF-APPELLANT,

V

IRYNA M. VELLA, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

FRANK A. VELLA, PLAINTIFF-APPELLANT,

V

IRYNA M. VELLA, DEFENDANT-RESPONDENT.

(APPEAL NO. 3.)


Appellant having moved to vacate the dismissal of the appeals taken herein from a judgment of the Supreme Court, Monroe County, entered February 5, 2021, a corrected judgment entered December 29, 2021, and from an order dated August 30, 2021,

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 insofar as it seeks to vacate dismissal of the appeal from the corrected judgment entered December 29, 2021 is dismissed as unnecessary (see 22 NYCRR 1250.9 [a]), and

It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of the consolidated appeals from the judgment entered February 5, 2021, and the order dated August 30, 2021, is granted on the condition that the appeals are perfected on or before June 10, 2022.

Entered: April 11, 2022

Ann Dillon Flynn

Clerk of the Court