Opinion
DOCKET NO. CA 13-01858
12-18-2013
IN THE MATTER OF THE ESTATE OF WILLIAM H. SEWARD, ALSO KNOWN AS WILLIAM H. SEWARD, III, DECEASED. RAY S. MESSENGER, PETITIONER-RESPONDENT; v. FRED L. EMERSON FOUNDATION, INC., APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to expedite the appeal taken herein from a decree of the Cayuga County Surrogate's Court entered in the Office of the Clerk of said court on June 29, 2013, having moved for a stay of proceedings in Cayuga County Surrogate's Court, and having moved for other relief, and
Respondent having cross-moved to dismiss the appeal on the ground that appellant lacks standing to appeal and having cross-moved for other relief,
Now, upon reading and filing the affirmations of Jon P. Devendorf, Esq., dated October 18, 2013, and November 1, 2013, the affirmation of Robert K. Bergan, Esq. and Charles H. Lynch, Jr., Esq,. dated October 30, 2013, 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 appellant's motion is denied, and
It is further ORDERED that respondent's cross motion is denied with leave to renew the motion at oral argument.
Frances E. Cafarell, Clerk