| IN THE MATTER OF THE ESTATE OF CARMEN J. RUSSO, DECEASED. |
| Motion No: CA 12-00248 |
| Slip Opinion No: 2012 NY Slip Op 65798(U) |
| Decided on February 29, 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 12-00248
| IN THE MATTER OF THE ESTATE OF CARMEN J. RUSSO, DECEASED.
DONALD J. RAISER, EXECUTOR OF THE ESTATE OF CARMEN J. RUSSO, DECEASED, RESPONDENT; JAMIE LYNN RHOAT,
APPELLANT. |
Respondent having moved to dismiss 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 September 6, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to February 3, 2012, the notice of motion with proof of service thereof, and the affidavit of Gerald T. Walsh, Esq., sworn to February 10, 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 30, 2012.
Entered: February 29, 2012
Frances E. Cafarell, Clerk