Opinion
Motion No: CA 13-00030
01-28-2013
IN THE MATTER OF THE APPLICATION OF GRACIA E. CAMPBELL AND HEATHER B. BYRNE, PETITIONERS-APPELLANTS, FOR A DECREE REVOKING THE LETTERS TESTAMENTARY UNDER THE LAST WILL OF GRACIA M. CAMPBELL, DECEASED. AMY G. WATERS, AS EXECUTOR OF THE ESTATE OF GRACIA M. CAMPBELL, RESPONDENT-RESPONDENT.
Respondent 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 September 18, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Peter J. Sorgi, Esq., sworn to January 2, 2013, and 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.
Frances E. Cafarell, Clerk