Opinion
Motion No: CA 11-00026
09-13-2011
IN THE MATTER OF THE APPLICATION OF PRISCILLA B. DUNCAN, FOR THE REMOVAL OF A TRUSTEE IN THE ESTATE OF JOHN E. DUNCAN, DECEASED. PRISCILLA B. DUNCAN, APPELLANT, v. PEGGY ANN ROOT, VIRGINIA N. HOFFMAN, PAMELA MCNEIL, ROCCO LUCENTE, II, ESQ., AS GUARDIAN AD LITEM FOR PRISCILLA DUNCAN, AND JAMES DUNCAN, RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to withdraw the appeal from the order of Erie County Surrogate's Court entered in the Office of the Clerk of said court on October 4, 2010,
Now, upon reading and filing the affidavit of Jennifer G. Flannery, Esq., sworn to August 4, 2011, the notice of motion with proof of service thereof, the affirmation of Paul J. Smaldone, Esq., dated August 12, 2011, and the affirmation of Lisa T. Sofferin, Esq., dated August 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to withdraw the appeal from the order entered October 4, 2010, is granted and the appeal is marked as withdrawn.
Patricia L. Morgan, Clerk