| IN THE MATTER OF THE APPLICATION OF ELAINE J. PRIEVO, AS EXECUTRIX OF THE ESTATE OF FRANK J. MATUSZ, ALSO KNOWN AS |
| Motion No: CA 08-01534 |
| Slip Opinion No: 2008 NYSlipOp 85837(U) |
| Decided on October 6, 2008 |
| 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 08-01534
| IN THE MATTER OF THE APPLICATION OF ELAINE J. PRIEVO, AS EXECUTRIX OF
THE ESTATE OF FRANK J. MATUSZ, ALSO KNOWN AS FRANCIS J. MATUSZ, DECEASED, PETITIONER-RESPONDENT, V REVEREND LUCIAN URBANIAK,
RESPONDENT-APPELLANT, ET AL., RESPONDENT. |
Respondent having moved to dismiss the appeal taken from a decree of the Oneida County Surrogate's Court entered in the Office of said Court on July 3, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas L. Atkinson dated September 18, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Janet D. Callahan dated October 2, 2008,
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 December 22, 2008.
Entered: October 6, 2008
JoAnn M. Wahl, Clerk