Opinion
DOCKET NO. CA 18-00350 DOCKET NO. CA 19-00134
02-04-2019
IN THE MATTER OF THE ESTATE OF MARK E. CONGDON, DECEASED. IN THE MATTER OF THE MARK CONGDON CHILDREN'S TRUST. IN THE MATTER OF ANNEMARIE CONGDON, AS THE EXECUTOR OF THE ESTATE OF MARK E. CONGDON, DECEASED, AND AS CO-TRUSTEE OF THE MARK CONGDON CHILDREN'S TRUST, PETITIONER-APPELLANT, v. DYKEMA GOSSETT PLLC AND SPEISER KRAUSE, P.C., RESPONDENTS-RESPONDENTS. (APPEAL NO.1.) MATTER OF THE ESTATE OF MARK CONGDON, DECEASED. (PROCEEDING NO. 1) MATTER OF THE MARK CONGDON'S CHILDREN TRUST DATED JANUARY 14, 2003. (PROCEEDING NO. 2.) JAMES SMITH, PETITIONER-RESPONDENT; v. ANNEMARIE F. CONGDON, AS EXECUTOR OF THE ESTATE OF MARK CONGDON, DECEASED, AND ANNMARIE F. CONGDON AND RHENNA G. CONGDON, AS CO-TRUSTEES OF MARK CONGDON'S CHILDREN'S TRUST, OBJECTANTS-APPELLANTS, JAMES E. KELLY, ESQ., RESPONDENT. (APPEAL NO. 2.)
PRESENT:
Appellants having moved to consolidate the appeals taken herein from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on November 28, 2017 (appeal No. 1), and December 5, 2018 (appeal No. 2), and for an extension of time to perfect appeal No. 1,
Now, upon reading and filing the affirmation of Michael A. Rosenhouse, Esq., dated January 21, 2019, the notice of motion with proof of service thereof, the affirmation of Edward J. Markarian, Esq., dated January 31, 2019, and the affidavit of Caitlin E. O'Neil, Esq., sworn to February 1, 2019, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals shall be perfect pursuant to 22 NYCRR 1250, and
It is further ORDERED that the motion insofar as is seeks an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before March 25, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Memorandum: No further extensions of time to perfect appeal No. 1 will be granted to appellant's present counsel absent an unanticipated and extraordinary excuse for the delay.
Entered: February 4, 2019
Mark W. Bennett, Clerk