| IN THE MATTER OF KYMBER ANN VOELKER, DECEASED. |
| Motion No: CA 20-00530, CA 20-00537, AND CA 20-00538 |
| Slip Opinion No: 2020 NY Slip Op 68745(U) |
| Decided on July 17, 2020 |
| 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 20-00530, CA 20-00537, AND CA 20-00538
| IN THE MATTER OF KYMBER ANN VOELKER,
DECEASED. ANTHONY S. PECORARO, PETITIONER-RESPONDENT; SANDRA KENYON,
RESPONDENT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeals taken herein from orders and a decree of the Surrogate's Court, Niagara County, entered November 15, 2018, March 11, 2019, and June 14, 2019 (denominated a motion for an extension of time to perfect),
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 denied as untimely insofar as it seeks to vacate dismissal of the appeal from the order entered November 15, 2018 (see 22 NYCRR 1250.10 [c]), and
It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeals from the decree and order entered March 11, 2019, and June 14, 2019, on the condition that the appeals are perfected on or before September 4, 2020.
Entered: July 17, 2020
Mark W. Bennett
Clerk of the Court