IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED.
Motion No: CA 13-00385
Slip Opinion No: 2014 NY Slip Op 81139(U)
Decided on August 18, 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.


August 18, 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, PETITIONER-APPELLANT;

THE JOHN MCHALE AND MAGDA MCHALE ARCHIVES FOUNDATION AND

DENISE KELLEHER, RESPONDENTS-RESPONDENTS.

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CHARITABLE BENEFICIARIES, INTERESTED PARTY-RESPONDENT.


Appellant having moved for an extension of time to file and serve a reply brief on 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 Elizabeth deV. Moeller, Esq., sworn to July 29, 2014, 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 on the condition that the reply brief is filed and served on or before September 2, 2014, and the Clerk is directed to accept the brief for filing.

Entered: August 18, 2014

Frances E. Cafarell, Clerk