| IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS, DECEASED. |
| Motion No: CA 13-01911 |
| Slip Opinion No: 2014 NY Slip Op 64161(U) |
| Decided on February 13, 2014 |
| 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., FAHEY, LINDLEY, VALENTINO, AND WHALEN, JJ.
DOCKET NO. CA 13-01911
DOCKET NO. CA 14-00210
| IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS,
DECEASED. IN THE MATTER OF THE ESTATE OF DOROTHY THOMAS, DECEASED.
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dash;————— JOSEPH M. THOMAS AND GLORIA M. BORRELLI, PETITIONERS-APPELLANTS; TOM J.
THOMAS, RESPONDENT-RESPONDENT. (APPEAL NO. 1.) IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS, DECEASED.
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dash;————— IN THE MATTER OF THE ESTATE OF DOROTHY THOMAS, DECEASED.
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dash;————— JOSEPH M. THOMAS AND GLORIA M. BORRELLI, PETITIONERS-APPELLANTS; TOM J. THOMAS,
RESPONDENT-RESPONDENT. (APPEAL NO. 2.) |
Appellants having moved to consolidate the appeals taken herein from orders of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on July 22, 2013, and December 10, 2013,
Now, upon reading and filing the affidavit of Edward C. Radin, Esq., sworn to January 30, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's remedy is to perfect the unperfected appeal and to move to reschedule either appeal so that the appeals can be heard and determined together.
Entered: February 13, 2014
Frances E. Cafarell, Clerk