JEFFREY M. GRINER V MARLENE MORGAN FRANKEL, AS ADMINISTRATOR WITH THE WILL ATTACHED OF THE ESTATE OF SAMUEL NATHAN

JEFFREY M. GRINER V MARLENE MORGAN FRANKEL, AS ADMINISTRATOR WITH THE WILL ATTACHED OF THE ESTATE OF SAMUEL NATHAN

Motion No: CA 09-00144

Slip Opinion No: 2009 NYSlipOp 66996(U)

Decided on March 13, 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.

March 13, 2009

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

DOCKET NO. CA 09-00144

JEFFREY M. GRINER, PLAINTIFF-RESPONDENT,
V
MARLENE MORGAN FRANKEL, AS ADMINISTRATOR WITH THE WILL ATTACHED
OF THE ESTATE OF SAMUEL NATHAN FRANKEL, AS EXECUTOR OF THE ESTATE
OF FRANCES I. CHAMELI, AND ACEA M. MOSEY IN HER CAPACITY AS PUBLIC
ADMINISTRATOR OF THE ESTATE OF JOHN M. CHAMELI,
DEFENDANTS-APPELLANTS.

Appellants having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 16, 2008,

Now, upon reading and filing the affidavit of Norman E.S. Greene sworn to February 23, 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 and appellants shall perfect the appeal on or before April 27, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 13, 2009

JoAnn M. Wahl, Clerk