Opinion
DOCKET NO. CA 12-02233
01-18-2013
IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED. JAAN AARISMAA, IV, PETITIONER-APPELLANT; v. JOHN L. WAGNER, AS EXECUTOR OF THE ESTATE OF STANLEY A. WAGNER, DECEASED, RESPONDENT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken herein from an order of the Seneca County Surrogate's Court entered in the Office of the Clerk of said court on September 4, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark B. Wheeler, Esq., sworn to December 3, 2012, the notice of motion with proof of service thereof, and the affidavit of Jaan Aarismaa, IV sworn to December 28, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 19, 2013.
Frances E. Cafarell, Clerk