| IN THE MATTER OF THE APPLICATION OF ST. LUKE HEALTH SERVICES TO COMPEL PAYMENT FROM THE VELMA E. CASWELL IRREVOCABLE |
| Motion No: CA 13-01852 |
| Slip Opinion No: 2013 NY Slip Op 90553(U) |
| Decided on October 31, 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 13-01852
| IN THE MATTER OF THE APPLICATION OF ST. LUKE HEALTH
SERVICES, PETITIONER-APPELLANT, TO COMPEL PAYMENT FROM THE VELMA E. CASWELL IRREVOCABLE TRUST,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Oswego County Surrogate's Court entered in the Office of the Clerk of said court on December 21, 2012,
Now, upon reading and filing the affidavit of Julian B. Modesti, Esq., sworn to October 9, 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 appellant shall perfect the appeal on or before December 9, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 31, 2013
Frances E. Cafarell, Clerk