| IN THE MATTER OF THE APPLICATION OF PRISCILLA B. DUNCAN, FOR THE REMOVAL OF A TRUSTEE IN THE ESTATE OF JOHN E. DUNCAN |
| Motion No: CA 11-00026 |
| Slip Opinion No: 2011 NY Slip Op 63023(U) |
| Decided on February 1, 2011 |
| 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 11-00026
| IN THE MATTER OF THE APPLICATION OF PRISCILLA B. DUNCAN, FOR THE
REMOVAL OF A TRUSTEE IN THE ESTATE OF JOHN E. DUNCAN, DECEASED. PRISCILLA B. DUNCAN, APPELLANT, PEGGY ANN ROOT, VIRGINIA N.
HOFFMAN, PAMELA MCNEIL, ROCCO LUCENTE, II, ESQ., AS GUARDIAN AD LITEM FOR PRISCILLA DUNCAN, AND JAMES DUNCAN,
RESPONDENTS. |
Respondents Peggy Ann Root and Virginia N. Hoffman having moved to dismiss 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 October 4, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Paul J. Smaldone, Esq. sworn to January 4, 2011, the notice of motion with proof of service thereof, and the affidavit of Jennifer G. Flannery, Esq. sworn to January 10, 2011, 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 April 4, 2011.
Entered: February 1, 2011
Patricia L. Morgan, Clerk