IN THE MATTER OF THE ESTATE OF JOHN WAGNER, DECEASED.
Motion No: CA 13-01771
Slip Opinion No: 2013 NY Slip Op 90141(U)
Decided on October 25, 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 25, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01771
DOCKET NO. CA 13-01772

IN THE MATTER OF THE ESTATE OF JOHN WAGNER, DECEASED.



CANANDAIGUA NATIONAL BANK AND TRUST COMPANY,

PETITIONER-RESPONDENT,

SALLY BAUMANN, OBJECTANT-RESPONDENT,

COLIN DESROSIERS AND MICHELLE DESROSIERS,

OBJECTANTS-APPELLANTS.

(APPEAL NO. 1.)

IN THE MATTER OF THE ESTATE OF JOHN WAGNER, DECEASED.

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CANANDAIGUA NATIONAL BANK AND TRUST COMPANY,

PETITIONER-RESPONDENT,

SALLY BAUMANN, OBJECTANT-RESPONDENT,

COLIN DESROSIERS AND MICHELLE DESROSIERS, OBJECTANTS-APPELLANTS. (APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from an order and a decree of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on July 18, 2013 (appeal No. 1) and September 3, 2013 (appeal No. 2),

Now, upon reading and filing the affirmation of Rachelle H. Nuhfer, Esq., dated October 1, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals from the order and decree entered July 18, 2013, and September 3, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: October 25, 2013

Frances E. Cafarell, Clerk