Opinion
Motion No: CA 11-00964
10-31-2011
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.
Respondents Peggy Ann Root and Virginia N. Hoffman 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 April 13, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation Lisa T. Sofferin, Esq., dated October 3, 2011, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Patricia L. Morgan, Clerk