IN THE MATTER OF THE ESTATE OF SALVATORE J. SCAMACCA, DECEASED.
Motion No: CA 10-01957
Slip Opinion No: 2010 NY Slip Op 86967(U)
Decided on November 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.


November 1, 2010

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

DOCKET NO. CA 10-01957

IN THE MATTER OF THE ESTATE OF SALVATORE J. SCAMACCA,

DECEASED.



FRANK SCAMACCA AND SALVATORE SCAMACCA, AS EXECUTORS OF

ESTATE OF SALVATORE J. SCAMACCA, DECEASED,

PETITIONERS-APPELLANTS,

V

DOLORES LEON, RESPONDENT-RESPONDENT.


Appellants 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 January 15, 2010,

Now, upon reading and filing the affidavit of Richard J. Steiner, Esq. sworn to September 24, 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 appellants shall perfect the appeal on or before January 3, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 1, 2010

Patricia L. Morgan, Clerk