MATTER OF ESTATE OF ALEX G. SCHMIDT, DECEASED
Motion No: CA 10-01667
Slip Opinion No: 2010 NY Slip Op 84862(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.


October 12, 2010

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.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on April 28, 2010,

Now, upon reading and filing the affidavit of Gregory Zini, Esq. sworn to September 29, 2010, the notice of motion with proof of service thereof, the affidavit of Kelly A. Feron, Esq. sworn to October 5, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered August 19, 2010, is hereby amended by deleting the date October 18, 2010, and inserting in its place the date December 17, 2010.

Entered: October 12, 2010

Patricia L. Morgan, Clerk