MATTER OF ESTATE OF MURIEL H. ALBRIGHT, DECEASED
Motion No: CA 10-01697
Slip Opinion No: 2010 NY Slip Op 81288(U)
Decided on September 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.


September 1, 2010

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

DOCKET NO. CA 10-01697

MATTER OF ESTATE OF MURIEL H. ALBRIGHT, DECEASED,



MICHAEL ALBRIGHT, AS EXECUTOR OF THE ESTATE OF MURIEL H.

ALBRIGHT, PETITIONER-APPELLANT,

TAYLOR D. MALIN, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on October 6, 2009,

Now, upon reading and filing the affidavit of Chad M. Hummel, Esq. sworn to August 10, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before October 1, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 1, 2010

Patricia L. Morgan, Clerk