IN THE MATTER OF PROBATE OF THE LAST WILL AND TESTAMENT OF ROBERT BODKIN ALSO KNOWN AS ROBERT C. BODKIN, DECEASED.

IN THE MATTER OF PROBATE OF THE LAST WILL AND TESTAMENT OF ROBERT BODKIN ALSO KNOWN AS ROBERT C. BODKIN, DECEASED.

Motion No: CA 14-01306

Slip Opinion No: 2014 NY Slip Op 83820(U)

Decided on September 12, 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.

September 12, 2014

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 14-01306
DOCKET NO. CA 14-01307
DOCKET NO. CA 14-01308

IN THE MATTER OF PROBATE OF THE LAST WILL AND TESTAMENT OF
ROBERT BODKIN ALSO KNOWN AS ROBERT C. BODKIN, DECEASED.

DAWN GUETTI AND WILLIAM J. BODKIN, OBJECTANTS-APPELLANTS;
ROBIN GRAHAM, PETITIONER-RESPONDENT,
NEW YORK STATE ATTORNEY GENERAL'S OFFICE, RESPONDENT.
(APPEAL NO. 1.)
IN THE MATTER OF PROBATE OF THE LAST WILL AND TESTAMENT OF
ROBERT BODKIN ALSO KNOWN AS ROBERT C. BODKIN, DECEASED.
————————————————————&m dash;———————
DAWN GUETTI AND WILLIAM J. BODKIN, OBJECTANTS-APPELLANTS;
ROBIN GRAHAM, PETITIONER-RESPONDENT,
NEW YORK STATE ATTORNEY GENERAL'S OFFICE, RESPONDENT.
(APPEAL NO. 2.)
IN THE MATTER OF PROBATE OF THE LAST WILL AND TESTAMENT OF
ROBERT BODKIN ALSO KNOWN AS ROBERT C. BODKIN, DECEASED.
————————————————————&m dash;———————
DAWN GUETTI AND WILLIAM J. BODKIN, OBJECTANTS-APPELLANTS;
ROBIN GRAHAM, PETITIONER-RESPONDENT,
NEW YORK STATE ATTORNEY GENERAL'S OFFICE, RESPONDENT.
(APPEAL NO. 3.)

Appellants having moved to consolidate the appeals taken herein from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on October 2, 2012 (appeal No. 1), September 9, 2013 (appeal No. 2), and March 28, 2014 (appeal No. 3), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Katherine M. Liebner, Esq., sworn to August 8, 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 insofar as it seeks to consolidate the appeals, and the appeals from the orders entered October 2, 2012, September 9, 2013, and March 28, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is dismissed as unnecessary and premature (see 22 NYCRR 1000.12 [b]; 1000.13 [f]).

Entered: September 12, 2014

Frances E. Cafarell, Clerk