| IN THE MATTER OF THE ESTATE OF IRA ROBERT RANDALL (DECEASED). |
| Motion No: CA 09-01965 |
| Slip Opinion No: 2009 NY Slip Op 85326(U) |
| Decided on October 5, 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 09-01965
| IN THE MATTER OF THE ESTATE OF IRA ROBERT RANDALL
(DECEASED). GEORGE MITRIS AND CINDY BAGLEY, PETITIONERS-APPELLANTS; THOMAS RANDALL,
RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Ontario County Surrogate's Court entered in the Office of the Clerk of said Court on June 24, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Chad W. Flansburg sworn to September 21, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Walter W. Jones, Jr. sworn to September 30, 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 December 4, 2009.
Entered: October 5, 2009
Patricia L. Morgan, Clerk