IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED.
Motion No: CA 12-02233
Slip Opinion No: 2013 NY Slip Op 78318(U)
Decided on June 20, 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.


June 20, 2013

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.


Appellant having moved for an extension of time to perfect 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, and having moved for other relief, and

Respondent having moved to dismiss the appeal, impose sanctions, and enjoin petitioner from filing any further motions, actions, or proceedings,

Now, upon reading and filing the affidavits of Jaan Aarismaa, IV sworn to May 17, 2013, and June 10, 2013, the affidavit of Mark B. Wheeler, Esq., sworn to May 30, 2013, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied.

Entered: June 20, 2013

Frances E. Cafarell, Clerk