IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED.
Motion No: CA 15-01865
Slip Opinion No: 2015 NY Slip Op 91881(U)
Decided on November 25, 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.


November 25, 2015

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

DOCKET NO. CA 15-01865

IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED.



JAAN AARISMAA, IV, PETITIONER;

JOHN L. WAGNER, AS EXECUTOR OF THE ESTATE OF STANLEY A.

WAGNER, DECEASED, RESPONDENT.


Petitioner having moved to settle the record from a proceeding in Seneca County Surrogate's Court,

Now, upon reading and filing the affidavits and statement of Jaan Aarismaa, IV sworn to October 31, 2015, and November 20, 2015 and dated October 30, 2015, the notice of motion with proof of service thereof, and the affidavit of Mark B. Wheeler, Esq., sworn to November 20, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Pursuant to 22 NYCRR 1000.4 (a) (1) (ii), such relief must be sought in the court from which the appeal is taken.

Entered: November 25, 2015

Frances E. Cafarell, Clerk