IN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF CAROL PETOTE (DECEASED)
Motion No: NOS. CA 09-02324 AND CA 10-00164
Slip Opinion No: 2010 NY Slip Op 62647(U)
Decided on February 1, 2010
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.


February 1, 2010

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 09-02324 AND CA 10-00164

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.

(APPEAL NO. 1.)

IN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF CAROL PETOTE-

CHICHESTER, (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.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken from a decision and an order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on January 7, 2009 and February 26, 2009, and for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of Michael Steinberg dated January 19, 2010, 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 and the appeals from the decision and the order entered January 7, 2009 and February 26, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that the appeals are perfected on or before April 2, 2010, and in the event of failure to so perfect the appeals are hereby dismissed without further order.

Entered: February 1, 2010

Patricia L. Morgan, Clerk