| IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY, DECEASED. |
| Motion No: CA 20-00973 |
| Slip Opinion No: 2020 NY Slip Op 76144(U) |
| Decided on December 11, 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 20-00973
| IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY,
DECEASED. LISA HALBERT, PETITIONER-APPELLANT, JOHN H. SHAY EXECUTOR OF THE ESTATE OF JAMES W.
MACKEY, DECEASED, RESPONDENT-RESPONDENT. (APPEAL NO. 2.) |
Respondent having moved to dismiss the appeal taken herein from a decree of the Surrogate's Court, Livingston County, entered October 2, 2019, on the ground that petitioner failed to take a timely appeal,
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 insofar as it seeks to dismiss appeal No. 2, from the decree, as being taken untimely, and appeal No. 2 is hereby dismissed (see CPLR 5513 [a]; SCPA 2701).
Entered: December 11, 2020
Mark W. Bennett
Clerk of the Court