| IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED. |
| Motion No: CA 12-02233 |
| Slip Opinion No: 2013 NY Slip Op 70766(U) |
| Decided on April 15, 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's filings are meritless, abusive of the judicial process and frivolous, and having moved to enjoin appellant from filing further pro se motions, actions, or proceedings, and impose sanctions,
Now, upon reading and filing the affidavit of Mark B. Wheeler, Esq., sworn to March 26, 2013, the notice of motion with proof of service thereof, and the affidavit of Jaan Aarismaa, IV sworn to March 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew at oral argument.
Entered: April 15, 2013
Frances E. Cafarell, Clerk