IN THE MATTER OF THE ESTATE OF MARK E. CONGDON, DECEASED.
Motion No: CA 18-00350
Slip Opinion No: 2018 NY Slip Op 67220(U)
Decided on March 13, 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.


March 13, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-00350

IN THE MATTER OF THE ESTATE OF MARK E. CONGDON, DECEASED.



IN THE MATTER OF THE MARK CONGDON CHILDREN'S TRUST.

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IN THE MATTER OF ANNEMARIE CONGDON, AS THE EXECUTOR OF THE

ESTATE OF MARK E. CONGDON, DECEASED, AND AS CO-TRUSTEE OF

THE MARK CONGDON CHILDREN'S TRUST, PETITIONER-APPELLANT;

DYKEMA GOSSETT PLLC AND SPEISER KRAUSE, P.C.,

RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect 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 November 28, 2017,

Now, upon reading and filing the affirmation of Michael A. Rosenhouse, Esq., dated February 26, 2018, the notice of motion with proof of service thereof, and the affidavit of Edward J. Markarian, Esq., sworn to March 5, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: March 13, 2018

Mark W. Bennett, Clerk