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 63810(U)
Decided on March 29, 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.


March 29, 2022

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, 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 denied without prejudice to a motion in Surrogate's court requesting the appointment of a substitute administrator of the estate, and

It is further ORDERED that the motion is denied insofar as it seeks other relief.

Entered: March 29, 2022

Ann Dillon Flynn

Clerk of the Court