IN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF CAROL PETOTE (DECEASED).
Motion No: CA 09-02324
Slip Opinion No: 2009 NY Slip Op 90178(U)
Decided on December 1, 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.


December 1, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-02324

IN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF CAROL

PETOTE (DECEASED).



KAREN M. PETOTE, PETITIONER-APPELLANT,

THOMAS CHICHESTER, RESPONDENT-RESPONDENT, AND

FRANK IACOVANGELO, ESQ., PUBLIC ADMINISTRATOR, AS

ADMINISTRATOR OF THE ESTATE OF CAROL PETOTE, RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from a decision of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on January 7, 2009,

Now, upon reading and filing the affirmation of Michael Steinberg dated November 11, 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, on the condition that appellant perfect the appeal on or before January 29, 2010.

Entered: December 1, 2009

Patricia L. Morgan, Clerk