| MATTER OF ESTATE OF ALEX G. SCHMIDT, DECEASED |
| Motion No: CA 10-01667 |
| Slip Opinion No: 2010 NY Slip Op 80636(U) |
| Decided on August 19, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 10-01667
| MATTER OF ESTATE OF ALEX G. SCHMIDT, DECEASED, ANN L.
MCLAUGHLIN, PETITIONER-RESPONDENT; THOMAS E. WEBB, JR., AS EXECUTOR OF THE ESTATE OF ALEX G. SCHMIDT,
RESPONDENT-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 April 28, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kelly A. Feron, Esq. sworn to July 30, 2010, the notice of motion with proof of service thereof, the affidavit of Gregory Zini, Esq. sworn to August 9, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 18, 2010.
Entered: August 19, 2010
Patricia L. Morgan, Clerk