| IN THE MATTER OF THE ESTATE OF IRWIN M. WEINER ALSO KNOWN AS IRWIN M. WEINER, MD, DECEASED. |
| Motion No: CA 17-01738 |
| Slip Opinion No: 2017 NY Slip Op 89553(U) |
| Decided on October 16, 2017 |
| 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 17-01738
| IN THE MATTER OF THE ESTATE OF IRWIN M. WEINER ALSO KNOWN AS IRWIN M.
WEINER, MD, DECEASED. JEFFREY WEINER, APPELLANT; LIESELOTTE ROTH WEINER AND PUBLIC ADMINISTRATOR OF ONONDAGA
COUNTY, RESPONDENTS. |
Respondent Public Administrator of Onondaga County having moved to dismiss the appeal taken herein from an order of the Onondaga County Surrogate's Court entered in the Office of the Clerk of said court on May 3, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Wendy S. Lougnot, Esq., sworn to September 28, 2017, the notice of motion with proof of service thereof, and the affidavit of Jeffrey N. Weiner sworn to October 13, 2017, and due deliberation having been had thereon, It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order, with respect to respondent Public Administrator of Onondaga County, unless the appeal is perfected on or before December 15, 2017.
Entered: October 16, 2017
Mark W. Bennett, Clerk