| KEYBANK, NA S/B/M FIRST NIAGARA BANK, NA V LINDA A. CAREY, AS EXECUTOR TO THE ESTATE OF RONALD B. CAREY (DECEASED) |
| Motion No: CA 23-01328 |
| Slip Opinion No: 2024 NY Slip Op 65676(U) |
| Decided on April 10, 2024 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 23-01328
| KEYBANK, NA S/B/M FIRST NIAGARA BANK,
NA, PLAINTIFF-RESPONDENT, V LINDA A. CAREY, AS EXECUTOR TO THE ESTATE OF RONALD B. CAREY (DECEASED), JULIA
ROSE, MARK CAREY, AS SPECIFIC DEVISEE TO THE ESTATE OF RONALD B. CAREY (DECEASED), KRISTEN ETU, AMY CAREY OLEAR, AS
SPECIFIC DEVISEE TO THE ESTATE OF RONALD B. CAREY (DECEASED), REBECCA CAREY ROHAN, AS SPECIFIC DEVISEE TO THE ESTATE OF
RONALD B. CAREY (DECEASED), DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Erie County, entered July 6, 2023, and appellants having moved to vacate dismissal of the appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is dismissed on the ground that the appeal was dismissed upon appellants' failure to timely perfect the appeal pursuant to 22 NYCRR 1250.10 (a), and
It is further ORDERED that appellants' motion to vacate dismissal of the appeal is denied without prejudice to a new motion that sets forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1250.10 [c]).
Entered: April 10, 2024
Ann Dillon Flynn
Clerk of the Court