Opinion
DOCKET NO. CA 13-01814 DOCKET NO. CA 13-01815
10-23-2013
IN THE MATTER OF THE ESTATE OF JANIYAH GAYDEN, DECEASED. RAHEEN GAYDEN, APPELLANT; v. FRANK B. IACAVANGELO, ESQ., AS ADMINISTRATOR OF THE ESTATE OF JANIYAN GAYDE, RESPONDENT. IN THE MATTER OF THE ACCOUNTING OF FRANK B. IACOVANGELO, AS ADMINISTRATOR OF THE ESTATE OF JANIYAH GAYDEN, ALSO KNOWN AS JANIYAH ROSALEE GAYDEN, DECEASED, PETITIONER-RESPONDENT. v. RAHEEN GAYDEN, OBJECTANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeals taken herein from an order and a decree of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on October 19, 2012 (appeal No. 1), and November 26, 2012 (appeal No. 2),
Now, upon reading and filing the affirmation of Joy A. Kendrick, Esq., sworn to September 20, 2013, the notice of motion with proof of service thereof, and the affidavit of Edward A. Wurtz, Esq., sworn to October 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted, and appellant shall perfect the appeal on or before November 19, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Frances E. Cafarell, Clerk