| N THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY, DECEASED. |
| Motion No: CA 20-00973 |
| Slip Opinion No: 2021 NY Slip Op 67220(U) |
| Decided on June 2, 2021 |
| 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
| N 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.) |
Appellant having moved for this Court to reverse its order entered December 11, 2020, that dismissed the appeal taken herein from a decree of the Surrogate's Court, Livingston County, entered October 2, 2020, for an order of substitution, for the statutory stay to be lifted, and for other relief,
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 dismissed (see Matter of Vita V. (Cara B.), 100 AD3d 913, 914 [2d Dept 2012]; Horseman Antiques, Inc. v Huch, 50 AD3d 963, 964 [2d Dept 2008]; Gonzalez v Ford Motor Co., 295 AD2d 474, 475 [2d Dept 2002]).
Entered: June 2, 2021
Mark W. Bennett
Clerk of the Court