| MATTER OF THE ESTATE OF CAROL G. DUDLEY, DECEASED. |
| Motion No: CA 07-01748 |
| Slip Opinion No: 2007 NYSlipOp 84275(U) |
| Decided on November 20, 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. |
DOCKET NO. CA 07-01748
| MATTER OF THE ESTATE OF CAROL G. DUDLEY, DECEASED. JAMES
A. SOMMER, AS EXECUTOR OF THE ESTATE OF CAROL G. DUDLEY, DECEASED, PETITIONER-RESPONDENT; EUGENE BRUSHABER, JUDY BRUSHABER,
JAMES OAKES, AND JUDITH OAKES, RESPONDENTS-APPELLANTS.
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—— MATTER OF EUGENE BRUSHABER, JUDY BRUSHABER, JAMES OAKES, JR., AND JUDITH OAKES, PETITIONERS-APPELLANTS, TO
COMPEL DELIVERY OF SPECIFIC PROPERTY FROM FIDUCIARY JAMES A. SOMMER, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CAROL
G. DUDLEY, RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from a decree of the Chautauqua County Surrogate's Court entered in the Office of the Clerk of said Court on August 6, 2007, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Minryu Kim dated October 29, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Charles Edward Fagan sworn to November 14, 2007, the notice of cross motion with proof of service thereof, the reply affirmation of Minryu Kim dated November 15, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
January 18, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: November 20, 2007
JoAnn M. Wahl, Clerk