| IN THE MATTER OF THE TRUSTS UNDER ARTICLE FOURTH OF THE DAVID WOLFENSON 1999 TRUST (ALSO KNOWN AS THE DAVID WOLFENSON |
| Motion No: CA 18-00204 |
| Slip Opinion No: 2018 NY Slip Op 64791(U) |
| Decided on February 16, 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. |
DOCKET NO. CA 18-00204
| IN THE MATTER OF THE TRUSTS UNDER ARTICLE FOURTH OF THE DAVID
WOLFENSON 1999 TRUST (ALSO KNOWN AS THE DAVID WOLFENSON LIVING TRUST) UNDER AN AGREEMENT DATED DECEMBER 14, 1999, AS
AMENDED. FIDELITY PERSONAL TRUST COMPANY, FSB, PETITIONER-RESPONDENT; ZOE PAYNE, WILLIAM FISCHBEIN, AND NATHAN
FISCHBEIN, RESPONDENTS-APPELLANTS; ROGER B. SIMON, ESQ., GUARDIAN AD LITEM FOR GABRIELLA GUAY,
RESPONDENT. |
Petitioner-respondent Fidelity Personal Trust Company, FSB having moved to dismiss the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on July 17, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Britta L. McKenna, Esq., dated February 1, 2018, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: February 16, 2018
Mark W. Bennett, Clerk