| IN THE MATTER OF THE COMPULSORY ACCOUNTING OF THE LIFETIME TRUST OF JOSEPH SROZENSKI (DECEASED). |
| Motion No: CA 09-01969 |
| Slip Opinion No: 2009 NY Slip Op 86589(U) |
| Decided on October 19, 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: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01969
| IN THE MATTER OF THE COMPULSORY ACCOUNTING OF THE LIFETIME TRUST OF
JOSEPH SROZENSKI (DECEASED). SUSAN PORCELLI, PETITIONER-RESPONDENT; SR. BARBARA SROZENSKI, RESPONDENT-RESPONDENT;
ROBERT SROZENSKI, RESPONDENT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on November 18, 2008, for assignment of counsel, and to vacate dismissal of the appeal,
Now, upon reading and filing the affidavit of Robert Srozenski sworn to September 30, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Eugene M. O'Connor sworn to October 16, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to vacate dismissal be, and the same hereby is, granted on the condition that appellant perfect the appeal on or before December 18, 2009, and the motion is otherwise denied.
Entered: October 19, 2009
Patricia L. Morgan, Clerk