| IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY, DECEASED. |
| Motion No: CA 20-00973 |
| Slip Opinion No: 2022 NY Slip Op 61055(U) |
| Decided on January 25, 2022 |
| 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: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND BANNISTER, 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.) |
Appellant having moved for substitution in the appeal taken herein from a decree of the Surrogate's Court, Livingston County, entered October 2, 2020, 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 Horseman Antiques, Inc. v Huch, 50 AD3d 963, 964 [2d Dept 2008]; Gonzalez v Ford Motor Co., 295 AD2d 474, 475 [2d Dept 2002]; see also CPLR 1021).
Entered: January 25, 2022
Ann Dillon Flynn
Clerk of the Court