Gersbach v. to Discover Prop. Withheld or Obtain Info. Pursuant to Scpa 2103,

Full title: IN THE MATTER OF THE APPLICATION OF CINDY LOU GERSBACH, EXECUTOR…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 22, 2015

2015 N.Y. Slip Op. 62430 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 14-02260 DOCKET NO. CA 14-02299

01-22-2015

IN THE MATTER OF THE APPLICATION OF CINDY LOU GERSBACH, EXECUTOR, PETITIONER-RESPONDENT, v. TO DISCOVER PROPERTY WITHHELD OR OBTAIN INFORMATION PURSUANT TO SCPA 2103, AND FOR DETERMINATION AS TO THE VALIDITY, CONSTRUCTION, AND EFFECT PURSUANT TO SCPA 1420 OF THE LAST WILL AND TESTAMENT OF KEITH L. HARDY, DECEASED. CLARICE A. HARDY, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF THE APPLICATION OF CINDY LOU GERSBACH, EXECUTOR, PETITIONER-RESPONDENT, v. TO DISCOVER PROPERTY WITHHELD OR OBTAIN INFORMATION PURSUANT TO SCPA 2103, AND FOR DETERMINATION AS TO THE VALIDITY, CONSTRUCTION, AND EFFECT PURSUANT TO SCPA 1420 OF THE LAST WILL AND TESTAMENT OF KEITH L. HARDY, DECEASED. CLARICE A. HARDY, RESPONDENT-APPELLANT. (APPEAL NO. 2)

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Respondent-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Yates County Surrogate's Court entered in the Office of the Clerk of said court on September 19, 2014 (appeal No. 1), and

Petitioner-respondent having cross-moved to consolidate the appeal taken from the order entered September 19, 2014, with the appeal taken herein from an order of the Yates County Surrogate's Court entered in the Office of the Clerk of said court on November 7, 2014 (appeal No. 2),

Now, upon reading and filing the affidavit of Katie A. Martens-Henderson, Esq., sworn to December 17, 2014, the affirmation of Rachelle H. Nuhfer, Esq., dated December 24, 2014, 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 insofar as it seeks an extension of time to perfect the appeal from the order entered September 19, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that respondent's cross motion is granted, and the appeals from the orders entered September 19, 2014, and November 7, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 22, 2015

Frances E. Cafarell, Clerk