| IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED. |
| Motion No: CA 11-02585 |
| Slip Opinion No: 2012 NY Slip Op 63019(U) |
| Decided on January 31, 2012 |
| 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 11-02585
| IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER,
DECEASED. JAAN AARISMAA, IV, PETITIONER-APPELLANT; JOHN L. WAGNER, AS EXECUTOR OF THE ESTATE OF STANLEY A. WAGNER,
DECEASED, RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from a judgment and decree of the Seneca County Surrogate's Court entered in the Office of the Clerk of said court on October 27, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark B. Wheeler, Esq., sworn to January 20, 2012, the notice of motion with proof of service thereof, and the affidavit of Jaan Aarismaa, IV sworn to January 26, 2012, 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 April 2, 2012.
Entered: January 31, 2012
Frances E. Cafarell, Clerk