| MATTER OF THE ESTATE OF SYLVIA M. BAER, DECEASED. |
| Motion No: NOS. CA 07-01455, CA 07-01456, AND CA 07-01457 |
| Slip Opinion No: 2007 NYSlipOp 81166(U) |
| Decided on October 16, 2007 |
| 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: HURLBUTT, J.P., CENTRA, LUNN, FAHEY, AND PINE, JJ.
DOCKET NOS. CA 07-01455, CA 07-01456, AND CA 07-01457
| MATTER OF THE ESTATE OF SYLVIA M. BAER, DECEASED. WILLIAM C. FARNER, PETITIONER-RESPONDENT; S. MARCY BAER, JAY T. BAER, JR., AND JAMES S. REGAN, RESPONDENTS-APPELLANTS. |
Appellants having moved to strike Point II of petitioner's responding brief on the appeals taken herein from orders and a decree of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on March 30, 2007, March 30, 2007 and June 29, 2007, or in the alternative for other relief,
Now, upon reading and filing the affidavit of Michael J. Willett sworn to
October 3, 2007, the notice of motion with proof of service thereof, the opposing affirmation of William C. Farner dated October 8, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted insofar as it seeks to have this Court take judicial notice of the August 7, 2007 order of the Probate Court of Washington County, Vermont, and the motion is otherwise denied.
Entered: October 16, 2007
JoAnn M. Wahl, Clerk