IN THE MATTER OF THE ESTATE OF KEVIN W. STANLEY (DECEASED).
Motion No: NOS. CA 09-01756, CA 10-00043, CA 10-00045, CA 10-00046, AND CA 10-00047
Slip Opinion No: 2010 NY Slip Op 75842(U)
Decided on June 24, 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.


June 24, 2010

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

DOCKET NOS. CA 09-01756, CA 10-00043, CA 10-00045, CA 10-00046, AND CA 10-00047

IN THE MATTER OF THE ESTATE OF KEVIN W. STANLEY (DECEASED).



DIANE R. STANLEY, AS EXECUTRIX, PETITIONER-APPELLANT;

LAWRENCE J. MATTAR, ESQ. AS GUARDIAN AD LITEM FOR

ASHLEY STANLEY, A MINOR, AND ARCANGELO J. PETRICCA, ESQ.,

AS GUARDIAN AD LITEM FOR KATHRYN STANLEY, A MINOR,

RESPONDENTS-RESPONDENTS,

IN THE MATTER OF THE ESTATE OF KATHLEEN A. STANLEY

(DECEASED).

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RICHARD T. STANLEY, AS ADMINISTRATOR, PETITIONER-APPELLANT;

LAWRENCE J. MATTAR, ESQ., AS GUARDIAN AD LITEM FOR

ASHLEY STANLEY, A MINOR, AND ARCANGELO J. PETRICCA, ESQ.,

AS GUARDIAN AD LITEM FOR KATHRYN STANLEY, AN MINOR,

RESPONDENTS-RESPONDENTS,


Appellants having moved to expedite the appeals taken from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on July 1, 2009, July 7, 2009, October 9, 2009, November 16, 2009, and December 15, 2009, and

Respondent Lawrence J. Mattar, Esq., as Guardian ad Litem for Ashley Stanley, having cross-moved for an extension of time to file and serve a brief on the appeals herein,

Now, upon reading and filing the affidavit of Corey J. Hogan, Esq. sworn to May 25, 2010, the notice of motion with proof of service thereof, the affirmation of Jonathan Schapp, Esq. dated June 3, 2010, the notice of cross motion with proof of service thereof, the affidavit of Corey J. Hogan, Esq. dated June 4, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion is denied, and

It is further ORDERED that respondent Lawrence J. Mattar, Esq.'s cross motion is granted on the condition that the brief is filed and served on or before July 30, 2010, and the Clerk is directed to accept the brief for filing.

Entered: June 24, 2010

Patricia L. Morgan, Clerk