IN THE MATTER OF THE ESTATE OF STEVEN MAKITRA, SR., DECEASED.
Motion No: 934-12
Slip Opinion No: 2012 NY Slip Op 91001(U)
Decided on November 9, 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.


November 9, 2012

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

MOTION NO. 934-12
DOCKET NO. CA 11-01650

IN THE MATTER OF THE ESTATE OF STEVEN MAKITRA, SR.,

DECEASED.



WILLIAM T. MAKITRA, AS EXECUTOR OF THE ESTATE OF STEVEN

MAKITRA, SR., DECEASED, PETITIONER-RESPONDENT;

STEVEN A. MAKITRA, JR., OBJECTANT-APPELLANT;

PATRICK MCALLISTER, ESQ., GUARDIAN AD LITEM FOR SHANE

GLASS, RESPONDENT.


Appellant having moved to reargue the appeal taken herein from a decree of the Steuben County Surrogate's Court entered in the Office of the Clerk of said court on March 30, 2011,

Now, upon reading and filing the affidavit of Susan BetzJitomir, Esq., sworn to September 10, 2012, the notice of motion with proof of service thereof, and the affidavit of Daniel R. Magill, Esq., sworn to September 12, 2012, and reviewing the "Video Recording of Signing" contained in the record, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that a new oral argument of this appeal is added to this Court's day calendar at 9:30 a.m. on Wednesday, December 5, 2012.

Entered: November 9, 2012

Frances E. Cafarell, Clerk