IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED.
Motion No: CA 13-00385
Slip Opinion No: 2014 NY Slip Op 66283(U)
Decided on March 7, 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.


March 7, 2014

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 affidavits of Elizabeth deV. Moeller, Esq., sworn to January 8, 2014, and January 22, 2014, the notice of motion with proof of service thereof, and the affirmation of Patrick J. Hines, Esq., received January 17, 2014, 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 December 12, 2013, is hereby amended by deleting the date January 15, 2014, and inserting in its place the date May 6, 2014.

Entered: March 7, 2014

Frances E. Cafarell, Clerk