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 64588(U)
Decided on February 23, 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.


February 23, 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.


Respondent having moved for an extension of time to file and serve a brief on 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 M. Richmond dated February 9, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before April 2, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 17, 2009.

Entered: February 23, 2009

JoAnn M. Wahl, Clerk