IN THE MATTER OF THE ACCOUNTING BY LAURIE C. KALKMAN AS TRUSTEE UNDER L. WILLIAM COULTER FAMILY TRUST DATED JULY 20
Motion No: CA 09-02444
Slip Opinion No: 2009 NY Slip Op 91535(U)
Decided on December 14, 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 14, 2009

DOCKET NO. CA 09-02444

IN THE MATTER OF THE ACCOUNTING BY LAURIE C. KALKMAN AS

TRUSTEE UNDER L. WILLIAM COULTER FAMILY TRUST DATED JULY

20, 1994 UNDER WILL OF L. WILLIAM COULTER, DECEASED,

RESPONDENT.



GEOFFREY R. COULTER, APPELLANT.


Respondent having moved to dismiss the appeal taken from an order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on June 29, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Karen Schaefer sworn to November 25, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Geoffrey R. Coulter sworn to December 11, 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 February 16, 2010.

Entered: December 14, 2009

Patricia L. Morgan, Clerk