| IN THE MATTER OF THE APPLICATION TO DETERMINE THE VALIDITY AND ENFORCEABILITY OF THE CLAIM OF BARBARA M. SIMS, ESQ. |
| Motion No: CA 09-01233 |
| Slip Opinion No: 2009 NY Slip Op 77001(U) |
| Decided on June 29, 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. |
DOCKET NO. CA 09-01233
| IN THE MATTER OF THE APPLICATION TO DETERMINE THE VALIDITY AND
ENFORCEABILITY OF THE CLAIM OF BARBARA M. SIMS, ESQ. CLAIMANT-RESPONDENT, IN THE ESTATE OF JOHN R. WICKS, JR., DECEASED,
RESPONDENT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a decree of the Erie County Surrogate's Court entered in the Office of said Court on January 21, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James P. Davis dated June 12, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard I. Leff dated June 22, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 28, 2009.
Entered: June 29, 2009
Patricia L. Morgan, Clerk