| IN THE MATTER OF THE APPLICATION OF GRACIA E. CAMPBELL AND HEATHER B. BYRNE FOR A DECREE REVOKING THE LETTERS |
| Motion No: CA 13-00030 |
| Slip Opinion No: 2013 NY Slip Op 63165(U) |
| Decided on January 28, 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. |
DOCKET NO. CA 13-00030
| IN THE MATTER OF THE APPLICATION OF GRACIA E. CAMPBELL
AND HEATHER B. BYRNE, PETITIONERS-APPELLANTS, FOR A DECREE REVOKING THE LETTERS TESTAMENTARY UNDER THE LAST WILL
OF GRACIA M. CAMPBELL, DECEASED. AMY G. WATERS, AS EXECUTOR OF THE ESTATE OF GRACIA M. CAMPBELL,
RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on September 18, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Peter J. Sorgi, Esq., sworn to January 2, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 28, 2013
Frances E. Cafarell, Clerk