| IN THE MATTER OF THE ESTATE OF LUCY M. HUNT (DECEASED). |
| Motion No: CA 09-01541 |
| Slip Opinion No: 2009 NY Slip Op 81444(U) |
| Decided on August 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. |
DOCKET NO. CA 09-01541
| IN THE MATTER OF THE ESTATE OF LUCY M. HUNT (DECEASED).
BERTHA STUDLEY AND MERRILL ALLEN, PETITIONERS-RESPONDENTS; RUTH E. HUNT, RESPONDENT-APPELLANT. |
Respondents having moved to dismiss the appeal taken from an order of the Cattaraugus County Surrogate's Court entered in the Office of the Clerk of said Court on April 9, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daryl P. Brautigam sworn to July 24, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: August 13, 2009
Patricia L. Morgan, Clerk