Opinion
DOCKET NO. CA 16-00885
03-01-2017
IN THE MATTER OF THE ACCOUNTING BY DONALD K. CZEIZINGER, AS THE ADMINISTRATOR OF THE ESTATE OF FREDERICK D. CZEIZINGER, DECEASED, RESPONDENT. v. TINA CHAMBLISS-PARTEE, OBJECTANT-APPELLANT, ROBERT F. BALDWIN, JR., GUARDIAN AD LITEM OF FREDERICK DONALD CZEIZINGER, DECEASED, RESPONDENT.
PRESENT:
Appellant having moved for an order compelling settlement of the record on appeal and for an extension of time to perfect the appeal taken herein from an order of the Onondaga County Surrogate's Court entered in the Office of the Clerk of said court on April 11, 2016,
Now, upon reading and filing the affidavit of Tina Chambliss-Partee sworn to January 10, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED, that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before April 28, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an order to compel settlement of the record is denied.
Memorandum: Issues concerning the contents of a record on appeal must be settled by stipulation of the parties or by order of the court from which the appeal is taken (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda, 239 AD2d 966). Appellant's remedy is to perfect the appeal from the order of the Onondaga County Surrogate's Court entered December 20, 2016.
Entered: March 1, 2017
Frances E. Cafarell, Clerk