Opinion
DOCKET NO. CA 13-00385
06-05-2014
IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED. EVAN MCHALE, APPELLANT, v. THE JOHN MCHALE AND MAGDA MCHALE ARCHIVES FOUNDATION, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect 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 September 28, 2012, and
Respondent having cross-moved to dismiss the appeal on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to May 5, 2014, the affirmation of Patrick J. Hines, Esq., dated May 12, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion to vacate dismissal of the appeal pursuant to 22 NYCRR 1000.13 (g), and
It is further ORDERED that the cross motion is dismissed.
Frances E. Cafarell, Clerk