| IN THE MATTER OF THE MACFADYEN REVOCABLE TRUST U/A DECEMBER 18, 2001. |
| Motion No: CA 18-00236 |
| Slip Opinion No: 2018 NY Slip Op 65549(U) |
| Decided on February 23, 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 18-00236
| IN THE MATTER OF THE MACFADYEN REVOCABLE TRUST U/A DECEMBER 18,
2001. HELEN CIRILLO, PETITIONER-APPELLANT; NATHAN MACFADYEN, RESPONDENT-RESPONDENT. |
Respondent 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 October 2, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Karl S. Essler, Esq., dated February 2, 2018, the notice of motion with proof of service thereof, and the amended affirmation of David H. Alexander, Esq., dated February 9, 2018, 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 April 24, 2018.
Entered: February 23, 2018
Mark W. Bennett, Clerk