| IN THE MATTER OF THE ESTATE OF JOHN G. ALIBRANDI, DECEASED. |
| Motion No: CA 12-00963 |
| Slip Opinion No: 2012 NY Slip Op 75494(U) |
| Decided on June 6, 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 12-00963
| IN THE MATTER OF THE ESTATE OF JOHN G. ALIBRANDI, DECEASED.
SUSETTE WISE, APPELLANT, V MARY BETH ALIBRANDI, RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Cayuga County Surrogate's Court entered in the Office of the Clerk of said court on January 19, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Earle E. Thurston, Esq., sworn to May 22, 2012, the notice of motion with proof of service thereof, and the affidavit of Matthew D. Hunter, Esq., sworn to May 25, 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 August 6, 2012.
Entered: June 6, 2012
Frances E. Cafarell, Clerk