| IN THE MATTER OF HARRY H. |
| Motion No: CA 10-02137 |
| Slip Opinion No: 2010 NY Slip Op 88178(U) |
| Decided on November 15, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02137
| IN THE MATTER OF HARRY H. BARBARA H.,
PETITIONER-APPELLANT; CATHERINE E. NAGEL, ESQ., GUARDIAN AD LITEM FOR HARRY H.,
RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of said Court on July 21, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Catherine E. Nagel, Esq. dated October 18, 2010, and the notice of motion with proof of service thereof, the affidavit of Barbara H. sworn to October 29, 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 January 14, 2011.
Entered: November 15, 2010
Patricia L. Morgan, Clerk