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: 2009 NYSlipOp 60290(U)
Decided on January 5, 2009
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.


January 5, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

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.


Appellant having moved for an extension of time to perfect the appeal taken from a decree of the Oneida County Surrogate's Court entered in the Office of the Clerk of said Court on July 3, 2008,

Now, upon reading and filing the affirmation of Janet D. Callahan dated December 17, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Janet M. Richmond dated December 19, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered October 6, 2008 is hereby amended by deleting the date December 22, 2008 and inserting in its place the date January 30, 2009.

Entered: January 5, 2009

JoAnn M. Wahl, Clerk