| PATRICIA YOUNG-SZLAPAK, AS TRUSTEE OF THE TRUST CREATED UNDER THE LAST WILL AND TESTAMENT OF MILLARD YOUNG V MARK |
| Motion No: CA 16-01360 |
| Slip Opinion No: 2016 NY Slip Op 83617(U) |
| Decided on August 23, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01360
| PATRICIA YOUNG-SZLAPAK, AS TRUSTEE OF THE TRUST CREATED UNDER THE
LAST WILL AND TESTAMENT OF MILLARD YOUNG, PLAINTIFF-APPELLANT, V MARK YOUNG, AS EXECUTOR OF THE ESTATE OF MILLARD
YOUNG, HUNTS CORNERS DEVELOPMENT, LLC, CHRISTINE PAPKE, AND LAURA YOUNG,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 28, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Chanel T. McCCarthy, Esq., dated July 29, 2016, the notice of motion with proof of service thereof, and the affidavit of Michael F. Barrett, Esq., sworn to August 8, 2016, 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 October 24, 2016.
Entered: August 23, 2016
Frances E. Cafarell, Clerk