| IN THE MATTER OF THE ESTATE OF ANNE M. COSTANTINO, DECEASED. |
| Motion No: CA 08-02670 |
| Slip Opinion No: 2009 NYSlipOp 61522(U) |
| Decided on January 20, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02670
| IN THE MATTER OF THE ESTATE OF ANNE M. COSTANTINO,
DECEASED. LYNN REITZ, PETITIONER-RESPONDENT; JOANNE QUIRION, RESPONDENT-APPELLANT; AND DAVID S. BRODERICK, NIAGARA
COUNTY PUBLIC ADMINISTRATOR AND FIDUCIARY OF THE ESTATE OF ANNE M. COSTANTINO, DECEASED,
RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Niagara County Surrogate's Court entered in the Office of the Clerk of said Court on February 28, 2007,
Now, upon reading and filing the affidavit of Kenneth A. Duke sworn to December 22, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Sean A. Fitzgerald dated January 14, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before February 19, 2009 (see 22 NYCRR 1000.13 [g])
Entered: January 20, 2009
JoAnn M. Wahl, Clerk