| IN THE MATTER OF THE ESTATE OF ROBYN R. LEWIS, DECEASED. |
| Motion No: CA 12-01605 |
| Slip Opinion No: 2012 NY Slip Op 84874(U) |
| Decided on September 14, 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 12-01605
| IN THE MATTER OF THE ESTATE OF ROBYN R. LEWIS,
DECEASED. JAMES ROBERT SIMMONS, EXECUTOR, PETITIONER-RESPONDENT, V MEREDITH M. STEWART, RONALD L.
LEWIS, RONALD L. LEWIS, II AND JONATHAN K. LEWIS OBJECTANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken herein from a decision and decree of the Jefferson County Surrogate's Court entered in the Office of the Clerk of said court on May 18, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Julian B. Modesti, Esq., sworn to August 28, 2012, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to September 5, 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 November 13, 2012.
Entered: September 14, 2012
Frances E. Cafarell, Clerk