| IN THE MATTER OF LAURENCE R. GOODYEAR, DECEASED. |
| Motion No: CA 18-00545 |
| Slip Opinion No: 2018 NY Slip Op 69465(U) |
| Decided on April 6, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 18-00545
| IN THE MATTER OF LAURENCE R. GOODYEAR, DECEASED. DANIEL M.
GOODYEAR AND WENDY GRISWOLD, PETITIONERS-RESPONDENTS, V FREDERICK YOUNG, BEVERLY H. YOUNG, JOHN F. YOUNG, JAMES R.
YOUNG, JEFFREY K. YOUNG, F.J. YOUNG COMPANY, JKLM ENERGY, LLC, AND SWEPI, LP,
RESPONDENTS-APPELLANTS. |
Petitioners-respondent having moved to dismiss the appeal taken herein from an order and decree of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on December 18, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin M. Kearney, Esq., dated March 22, 2018, the notice of motion with proof of service thereof, and the amended affirmation of Andrew P. Zappia, Esq., dated March 30, 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 June 5, 2018.
Entered: April 6, 2018
Mark W. Bennett, Clerk