| IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED. |
| Motion No: CA 12-02233 |
| Slip Opinion No: 2013 NY Slip Op 62404(U) |
| Decided on January 18, 2013 |
| 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 12-02233
| IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER,
DECEASED. JAAN AARISMAA, IV, PETITIONER-APPELLANT; JOHN L. WAGNER, AS EXECUTOR OF THE ESTATE OF STANLEY
A. WAGNER, DECEASED, RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Seneca County Surrogate's Court entered in the Office of the Clerk of said court on September 4, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark B. Wheeler, Esq., sworn to December 3, 2012, the notice of motion with proof of service thereof, and the affidavit of Jaan Aarismaa, IV sworn to December 28, 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 March 19, 2013.
Entered: January 18, 2013
Frances E. Cafarell, Clerk