Opinion
Motion No: CA 11-02459
12-21-2011
IN THE MATTER OF THE ESTATE OF HELEN WERNER, DECEASED. EDWARD DUDEK, OBJECTANT-APPELLANT, v. JAMES CONNIFF, PETITIONER-RESPONDENT, AND HOWARD B. FRANK, ESQ., GUARDIAN AD LITEM FOR GABRIELLE S., RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent James Conniff having moved to dismiss the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on July 6, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jennifer E. Brevorka, Esq., dated December 6, 2011, the notice of motion with proof of service thereof, and the affirmation of Joseph A. Sakowski, Esq., dated December 19, 2011, 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 February 21, 2012.
Patricia L. Morgan, Clerk