| IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED. |
| Motion No: CA 14-02002 |
| Slip Opinion No: 2015 NY Slip Op 78567(U) |
| Decided on July 8, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-02002
| IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER,
DECEASED. JAAN AARISMAA, IV, PETITIONER-APPELLANT; JOHN L. WAGNER, AS EXECUTOR OF THE ESTATE OF STANLEY A. WAGNER,
DECEASED, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Seneca County Surrogate's Court entered in the Office of the Clerk of said court on May 27, 2014,
Now, upon reading and filing the affidavit of Jaan Aarismaa, IV sworn to June 15, 2015, the notice of motion with proof of service thereof, and the affidavits of Mark B. Wheeler, Esq., sworn to June 22, 2015, and July 2, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: July 8, 2015
Frances E. Cafarell, Clerk