| IN THE MATTER OF THE ESTATE OF MICHAEL J. RANNI, DECEDENT. |
| Motion No: CA 10-00140 |
| Slip Opinion No: 2010 NY Slip Op 62648(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00140
| IN THE MATTER OF THE ESTATE OF MICHAEL J. RANNI, DECEDENT.
BARBARA WEISMAN, AS EXECUTOR OF THE ESTATE OF MICHAEL J. RANNI, DECEASED, PETITIONER-RESPONDENT, V PAUL J. RANNI,
OBJECTANT-APPELLANT, |
Respondent having moved to dismiss the appeal taken from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on October 6, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Henry D. Gartner sworn to January 15, 2010, the notice of motion with proof of service thereof, and due deliberation having been thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: February 1, 2010
Patricia L. Morgan, Clerk