IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED.
Motion No: 108-15
Slip Opinion No: 2015 NY Slip Op 76594(U)
Decided on June 12, 2015
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.


June 12, 2015

PRESENT: SMITH, J.P., CARNI, LINDLEY, AND VALENTINO, JJ.

MOTION NO. 108-15
DOCKET NO. CA 13-00385

IN THE MATTER OF THE ESTATE OF MAGDA CORDELL

MCHALE, DECEASED.



DENISE KELLEHER, PETITIONER-RESPONDENT-RESPONDENT,

EVAN MCHALE, RESPONDENT-PETITIONER-APPELLANT

THE JOHN MCHALE AND MAGDA MCHALE ARCHIVES

FOUNDATION, RESPONDENT-RESPONDENT.

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CHARITABLE BENEFICIARIES, INTERESTED

PARTY-RESPONDENT.


Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 27, 2015,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to April 7, 2015, the notice of motion with proof of service thereof, the opposing affirmation of Hugh M. Russ, III, Esq., dated April 14, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 12, 2015

Frances E. Cafarell, Clerk