IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED.
Motion No: CA 12-01399
Slip Opinion No: 2012 NY Slip Op 83862(U)
Decided on September 11, 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.


September 11, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01399

IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED.



JAAN A. AARISMAA, IV, PETITIONER-APPELLANT;

JOHN L. WAGNER, AS EXECUTOR OF THE ESTATE OF STANLEY A.

WAGNER, DECEASED, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken herein from a decision and decree of the Seneca County Surrogate's Court entered in the Office of the Clerk of said court on November 21, 2011,

Now, upon reading and filing the affidavit of Jaan Aarismaa, IV sworn to July 31, 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 and appellant shall perfect the appeal on or before October 22, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 11, 2012

Frances E. Cafarell, Clerk