| IN THE MATTER OF THE ESTATE OF ANNE M. COSTANTINO, DECEASED. |
| Motion No: CA 08-02670 |
| Slip Opinion No: 2009 NYSlipOp 63887(U) |
| Decided on February 18, 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 renewed the motion 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 January 28, 2009, the affirmation of Kenneth A. Duke dated January 28, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Sean A. Fitzgerald dated February 12, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, on the condition that appellant perfect the appeal on or before April 6, 2009.
Entered: February 18, 2009
JoAnn M. Wahl, Clerk