| MATTER OF ESTATE OF HARDYAL D. MARWAHA, DECEASED |
| Motion No: CA 10-01896 |
| Slip Opinion No: 2010 NY Slip Op 84861(U) |
| Decided on October 12, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01896
| MATTER OF ESTATE OF HARDYAL D. MARWAHA, DECEASED,
HARBHAJAN D. MARWAHA, PETITIONER-RESPONDENT, SAMEER MARWAHA, RESPONDENT-APPELLANT. |
Petitioner-respondent Harbhajan D. Marwaha having moved to dismiss the appeal taken herein from an order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on June 14, 2010, on the ground that appellant failed to perfect timely the appeal, and appellant having moved for an extension of time to perfect the appeal taken herein from that order,
Now, upon reading and filing the affirmation of Scott M. Mooney, Esq. dated September 14, 2010, the affidavit of Sammy Feldman, Esq. sworn to September 21, 2010, the notices of motion and cross motion with proof of service thereof, the affirmation of Scott M. Mooney, Esq. dated September 27, 2010, 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 December 6, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: October 12, 2010
Patricia L. Morgan, Clerk