| IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED. |
| Motion No: CA 13-00385 |
| Slip Opinion No: 2014 NY Slip Op 77108(U) |
| Decided on June 30, 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., 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 to vacate the dismissal of 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 affidavit of John A. Cirando, Esq., sworn to June 10, 2014, the notice of motion with proof of service thereof, and the affirmation of Hugh M. Russ, III, Esq., dated June 17, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before July 7, 2014.
Entered: June 30, 2014
Frances E. Cafarell, Clerk