IN THE MATTER OF THE ESTATE OF DOROTHY H. LONGLEY, DECEASED.
Motion No: CA 14-01871
Slip Opinion No: 2014 NY Slip Op 89440(U)
Decided on November 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.


November 7, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-01871

IN THE MATTER OF THE ESTATE OF DOROTHY H. LONGLEY, DECEASED.



MARY ANN LUTHAN, PETITIONER-RESPONDENT;

RUTH ANN SALVADOR, OBJECTANT-APPELLANT.


Respondent having moved to dismiss the appeal taken herein from a decree of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on May 27, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirimation of Lawrence R. Schwach, Esq., dated October 16, 2014, the notice of motion with proof of service thereof, and the affirmation of Michael Jonascu, Esq., dated October 31, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 19, 2014.

Entered: November 7, 2014

Frances E. Cafarell, Clerk