| IN THE MATTER OF THE ESTATE OF JAMES T. SANDORO, DECEASED. |
| Motion No: CA 13-01794 |
| Slip Opinion No: 2013 NY Slip Op 90564(U) |
| Decided on November 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01794
| IN THE MATTER OF THE ESTATE OF JAMES T. SANDORO,
DECEASED. JAMES T. SANDORO, JR., PETITIONER-RESPONDENT, THE ESTATE OF MARY SANDORO, DECEASED,
OBJECTANT-APPELLANT. |
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 June 24, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Chanel T. McCarthy, Esq., sworn to October 3, 2013, and October 25, 2013, the notice of motion with proof of service thereof, and the affidavit of Thomas J. Caserta, Jr., Esq., sworn to October 24, 2013, and due deliberation having been had 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 December 31, 2013.
Entered: November 1, 2013
Frances E. Cafarell, Clerk