| IN THE MATTER OF THE PETITION OF DOROTHY E. GRAY TO DETERMINE THE VALIDITY OF ELECTION AGAINST THE LAST WILL AND |
| Motion No: CA 11-02273 |
| Slip Opinion No: 2011 NY Slip Op 91852(U) |
| Decided on December 5, 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 11-02273
| IN THE MATTER OF THE PETITION OF DOROTHY E. GRAY,
PETITIONER-RESPONDENT, TO DETERMINE THE VALIDITY OF ELECTION AGAINST THE LAST WILL AND TESTAMENT OF DONALD J. GRAY,
DECEASED. ELSIE GARNSEY, APPELLANT. |
Petitioner having moved to dismiss the appeal taken herein from an order of the Jefferson County Surrogate's Court entered in the Office of the Clerk of said court on June 14, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Peter L. Walton, Esq., dated November 8, 2011, the notice of motion with proof of service thereof, and the affidavit of Kevin M. Hayden, Esq., sworn to November 15, 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 February 3, 2012.
Entered: December 5, 2011
Patricia L. Morgan, Clerk