| IN THE MATTER OF THE ESTATE OF IRWIN M. WEINER ALSO KNOWN AS IRWIN M. WEINER, MD, DECEASED. |
| Motion No: CA 17-01739 |
| Slip Opinion No: 2018 NY Slip Op 60225(U) |
| Decided on January 3, 2018 |
| 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 17-01739
| 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. |
Appellant having moved for an extension of time to perfect 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 16, 2017, and respondent Public Administrator of Onondaga County having cross-moved to dismiss for failure to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey N. Weiner sworn to December 15, 2017, the affirmation of Wendy S. Lougnot, Esq., dated December 21, 2017, the notices of motion and cross motion with proof of service thereof, and the affirmation of John F. Boyd, II, Esq., dated December 28, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered October 16, 2017, is hereby amended by deleting the date December 15, 2017, and inserting in its place the date February 13, 2018, and
It is further ORDERED that the cross motion is dismissed.
Entered: January 3, 2018
Mark W. Bennett, Clerk