| IN THE MATTER OF THE ESTATE OF ROBYN R. LEWIS, DECEASED. JAMES ROBERT SIMMONS, -; MEREDITH M. STEWART, RONALD L. LEWIS |
| Motion No: CA 16-02231 |
| Slip Opinion No: 2016 NY Slip Op 94962(U) |
| Decided on December 19, 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 16-02231
| IN THE MATTER OF THE ESTATE OF ROBYN R. LEWIS, DECEASED. JAMES ROBERT
SIMMONS, PETITIONER-RESPONDENT; MEREDITH M. STEWART, RONALD L. LEWIS, RONALD L. LEWIS, II, AND JONATHAN K. LEWIS,
OBJECTANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken herein from a decree of the Jefferson County Surrogate's Court entered in the Office of the Clerk of said court on September 6, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Julian B. Modesti, Esq., sworn to December 9, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to December 16, 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 February 17, 2017.
Entered: December 19, 2016
Frances E. Cafarell, Clerk