| IN THE MATTER OF THE ESTATE OF KATHERINE M. DESSAUER, DECEASED. |
| Motion No: CA 11-01865 |
| Slip Opinion No: 2011 NY Slip Op 85229(U) |
| Decided on September 26, 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 11-01865
| IN THE MATTER OF THE ESTATE OF KATHERINE M. DESSAUER,
DECEASED. ANTONIA GREENLEE, SHARI L. MEYER, DEBORAH A. ALAIMO, PETITIONERS-RESPONDENTS, V THOMAS D.
DESSAUER, INDIVIDUALLY AND AS RESPONDENT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal and to extend the time to perfect the appeal taken herein from a decree of Monroe County Surrogate's Court entered in the Office of the Clerk of said court on November 3, 2010,
Now, upon reading and filing the affirmation of Melvin Bressler, Esq., dated September 3, 2011, the notice of motion with proof of service thereof, and the affirmation of Richard L. Weber, Esq., dated September 14, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before October 6, 2011.
Entered: September 26, 2011
Patricia L. Morgan, Clerk