Opinion
CA 20-00973
12-11-2020
IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY, DECEASED. LISA HALBERT, PETITIONER-APPELLANT, JOHN H. SHAY EXECUTOR OF THE ESTATE OF JAMES W. MACKEY, DECEASED, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)
PRESENT:
Respondent having moved to dismiss the appeal taken herein from a decree of the Surrogate's Court, Livingston County, entered October 2, 2019, on the ground that petitioner failed to take a timely appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss appeal No. 2, from the decree, as being taken untimely, and appeal No. 2 is hereby dismissed (see CPLR 5513 [a]; SCPA 2701).
Entered: December 11, 2020
Mark W. Bennett
Clerk of the Court