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 71864(U)
Decided on April 28, 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.


April 28, 2011

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.


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 October 4, 2010,

Now, upon reading and filing the affidavit of Jennifer G. Flannery, Esq. sworn to March 30, 2011, the notice of motion with proof of service thereof, and the affidavits of Paul J. Smaldone, Esq. sworn to April 1, 2011, and April 18, 2011, 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 February 1, 2011, is hereby amended by deleting the date April 4, 2011, and inserting in its place the date June 3, 2011.

Entered: April 28, 2011

Patricia L. Morgan, Clerk