IN THE MATTER OF THE ESTATE OF ANNE M. COSTANTINO, DECEASED.
Motion No: CA 08-02670
Slip Opinion No: 2009 NYSlipOp 69149(U)
Decided on April 7, 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.


April 7, 2009

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 for an extension of time to perfect the appeal taken 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 March 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Sean A. Fitzgerald dated April 2, 2009, the reply affirmation of Kenneth A. Duke date April 3, 2009, 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 February 18, 2009 is hereby amended by deleting the date April 6, 2009 and inserting in its place the date May 7, 2009.

Entered: April 7, 2009

Patricia L. Morgan, Deputy Clerk