| MATTHEW DUELL, AS EXECUTOR OF THE ESTATE OF WAYNE DUELL, DECEASED V DONALD C. FREDERICKS AND EVELYN HAYES FREDERICKS |
| Motion No: CA 13-00509 |
| Slip Opinion No: 2013 NY Slip Op 70719(U) |
| Decided on April 12, 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 13-00509
| MATTHEW DUELL, AS EXECUTOR OF THE ESTATE OF WAYNE
DUELL, DECEASED, PLAINTIFF-APPELLANT, V DONALD C. FREDERICKS AND EVELYN HAYES FREDERICKS,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss an appeal insofar as it was taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on December 7, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Keith B. Caughlin, Esq., sworn to March 19, 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: April 12, 2013
Frances E. Cafarell, Clerk