| IN THE MATTER OF THE ADMINISTRATION PROCEEDING, ESTATE OF DONALD AUSBY, DECEASED. |
| Motion No: CA 08-01744 |
| Slip Opinion No: 2009 NY Slip Op 72891(U) |
| Decided on May 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. |
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH AND CENTRA, JJ.
DOCKET NO. CA 08-01744
| IN THE MATTER OF THE ADMINISTRATION PROCEEDING, ESTATE OF DONALD
AUSBY, DECEASED. RENA R. HOLMAN, PETITIONER-RESPONDENT-APPELLANT; SARAH AUSBY SILAS, FORMERLY KNOWN AS SARAH
AUSBY, RESPONDENT-APPELLANT-RESPONDENT. |
Counsel for appellant-respondent having moved for an extension of time for appellant-respondent to perfect the appeal taken herein from a order of the Onondaga County Surrogate's Court entered in the Office of the Clerk of said Court on July 8, 2009, and for permission to withdraw as counsel for appellant-respondent,
Now, upon reading and filing the affirmation of Nicole Marlow-Jones dated March 31, 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, Costello, Cooney & Fearon, PLLC is permitted to withdraw as counsel for appellant, appellant shall perfect the appeal on or before July 13, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 13, 2009
Patricia L. Morgan, Clerk