IN THE MATTER OF ESTATE OF ALEX G. SCHMIDT, DECEASED.
Motion No: NOS. CA 11-01131 AND CA 11-01132
Slip Opinion No: 2011 NY Slip Op 75070(U)
Decided on June 8, 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.


June 8, 2011

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

DOCKET NOS. CA 11-01131 AND CA 11-01132

IN THE MATTER OF ESTATE OF ALEX G. SCHMIDT, DECEASED.



ANN L. MCLAUGHLIN, PETITIONER-RESPONDENT;

THOMAS E. WEBB, JR., AS EXECUTOR OF THE ESTATE OF

ALEX G. SCHMIDT, RESPONDENT-APPELLANT.


Appellant having moved to consolidate the appeals taken herein from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on March 15, 2011,

Now, upon reading and filing the affidavit of Gregory Zini, Esq. sworn to May 17, 2011, the notice of motion with proof of service thereof, and the affidavit of Kelly A. Feron, Esq. sworn to May 24, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals from the orders entered March 15, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: June 8, 2011

Patricia L. Morgan, Clerk