| IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED. |
| Motion No: CA 13-00385 |
| Slip Opinion No: 2013 NY Slip Op 79976(U) |
| Decided on July 16, 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 13-00385
| IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE,
DECEASED. EVAN MCHALE, APPELLANT, V THE JOHN MCHALE AND MAGDA MCHALE ARCHIVES FOUNDATION,
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 28, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Patrick J. Hines, Esq., dated June 25, 2013, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to July 3, 2013, and due deliberation having been thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 16, 2013.
Entered: July 16, 2013
Frances E. Cafarell, Clerk