| IN THE MATTER OF THE ESTATE OF MURIEL H. ALBRIGHT, DECEASED |
| Motion No: NOS. CA 10-01697 AND CA 11-00183 |
| Slip Opinion No: 2011 NY Slip Op 63776(U) |
| Decided on February 4, 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 NOS. CA 10-01697 AND CA 11-00183
| IN THE MATTER OF THE ESTATE OF MURIEL H. ALBRIGHT,
DECEASED, MICHAEL ALBRIGHT, AS EXECUTOR OF THE ESTATE OF MURIEL H. ALBRIGHT, PETITIONER-APPELLANT, ERVINA MALIN AND
TAYLOR D. MALIN, RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of Monroe County Surrogate's Court entered in the Office of the Clerk of said court on October 6, 2009, and to consolidate the appeal taken herein from the order entered October 6, 2009, with 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 November 30, 2010,
Now, upon reading and filing the affidavit of Chad M. Hummel, Esq. sworn to January 12, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal from the order entered October 6, 2010, is granted, on the condition that appellant perfects the appeal on or before April 5, 2011, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered October 6, 2009, and November 30, 2009, are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that the appeals are perfected on or before April 5, 2011.
Entered: February 4, 2011
Patricia L. Morgan, Clerk