| MATTER OF THE ESTATE OF MARK CONGDON, DECEASED. (PROCEEDING NO. 1) |
| Motion No: CA 19-00134 |
| Slip Opinion No: 2019 NY Slip Op 76930(U) |
| Decided on August 5, 2019 |
| 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.
CA 19-00134
| MATTER OF THE ESTATE OF MARK CONGDON, DECEASED. (PROCEEDING NO.
1) MATTER OF THE MARK CONGDON'S CHILDREN TRUST DATED JANUARY 14, 2003. (PROCEEDING NO.
2.) —————————————————————
——- JAMES SMITH, PETITIONER-RESPONDENT; ANNEMARIE F. CONGDON, AS EXECUTOR OF THE ESTATE OF MARK CONGDON, DECEASED,
AND ANNEMARIE F. CONGDON AS CO-TRUSTEES OF MARK CONGDON'S CHILDREN'S TRUST, AND RHEANNA G. CONGDON,
OBJECTANTS-APPELLANTS, JAMES E. KELLY, ESQ., RESPONDENT. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Surrogate's Court, Erie County, entered December 5, 2018,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before October 4, 2019.
Entered: August 5, 2019
Mark W. Bennett
Clerk of the Court