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: 2012 NY Slip Op 67270(U)
Decided on March 12, 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.


March 12, 2012

PRESENT: SCUDDER, P. J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. CA 11-02273

IN THE MATTER OF THE PETITION OF DOROTHY E. GRAY TO

DETERMINE THE VALIDITY OF ELECTION AGAINST THE LAST WILL

AND TESTAMENT OF DONALD J. GRAY, DECEASED.



DOROTHY E. GRAY, PETITIONER-RESPONDENT;

ELSIE GARNSEY, RESPONDENT-APPELLANT.


Petitioner-respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from a decree of the Jefferson County Surrogate's Court entered in the Office of the Clerk of said court on June 14, 2011,

Now, upon reading and filing the affidavit of Peter L. Walton, Esq., sworn to February 27, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before April 9, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 24, 2012.

Entered: March 12, 2012

Frances E. Cafarell, Clerk