IN THE MATTER OF THE ESTATE OF GARY H. FOSTER, DECEASED V COUNTY OF ONTARIO ECONOMIC DEVELOPMENT
Motion No: CA 19-02177
Slip Opinion No: 2019 NY Slip Op 85329(U)
Decided on November 27, 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.


November 27, 2019

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

CA 19-02177

IN THE MATTER OF THE ESTATE OF GARY H. FOSTER, DECEASED,

PETITIONER-RESPONDENT,

V

COUNTY OF ONTARIO ECONOMIC DEVELOPMENT,

RESPONDENT-APPELLANT.


Appellant having applied to discontinue the appeal taken herein from an order of the Surrogate's Court, Monroe County, entered May 20, 2019,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted and the appeal is dismissed without costs.

Entered: November 27, 2019

Mark W. Bennett

Clerk of the Court