IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED.
Motion No: CA 13-00385
Slip Opinion No: 2013 NY Slip Op 87128(U)
Decided on October 1, 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.


October 1, 2013

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.


Appellant having moved for an extension of time to perfect 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,

Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to September 12, 2013, the notice of motion with proof of service thereof, and the affirmation of Patrick J. Hines, Esq., dated September 18, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered July 16, 2013, is hereby amended by deleting the date September 16, 2013, and inserting in its place the date November 15, 2013.

Entered: October 1, 2013

Frances E. Cafarell, Clerk