| IN THE MATTER OF THE ESTATE OF CAROLINE KEATING, DECEASED. |
| Motion No: CA 12-00726 |
| Slip Opinion No: 2012 NY Slip Op 74076(U) |
| Decided on May 10, 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 12-00726
| IN THE MATTER OF THE ESTATE OF CAROLINE KEATING,
DECEASED. THOMAS KEATING, APPELLANT, V JOHN KEATING, RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Chautauqua County Surrogate's Court entered in the Office of the Clerk of said court on January 23, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Peter D. Clark, Esq., sworn to April 18, 2012, the notice of motion with proof of service thereof, and the affidavit of Thomas E. Keating sworn to April 27, 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 July 9, 2012.
Entered: May 10, 2012
Frances E. Cafarell, Clerk