| IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF ARLINE J. WOODLEY, DECEASED. |
| Motion No: CA 13-00112 |
| Slip Opinion No: 2013 NY Slip Op 63906(U) |
| Decided on January 31, 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 13-00112
| IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF
ARLINE J. WOODLEY, DECEASED. WILLIAM WOODLEY, LINDA WOODLEY AND JUDITH AUZINA,
PETITIONERS-RESPONDENTS, V FRANK WOODLEY AND JOHN WOODLEY,
OBJECTANTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Niagara County Surrogate's Court entered in the Office of the Clerk of said court on August 27, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas J. Lang, Esq., sworn to January 10, 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 31, 2013
Frances E. Cafarell, Clerk