Opinion
2021-67220 Motion CA 20-00973
06-02-2021
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.)
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved for this Court to reverse its order entered December 11, 2020, that dismissed the appeal taken herein from a decree of the Surrogate's Court, Livingston County, entered October 2, 2020, for an order of substitution, for the statutory stay to be lifted, and for other relief, 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 dismissed (see Matter of Vita V. (Cara B.), 100 A.D.3d 913, 914 [2d Dept 2012]; Horseman Antiques, Inc. v Huch, 50 A.D.3d 963, 964 [2d Dept 2008]; Gonzalez v Ford Motor Co., 295 A.D.2d 474, 475 [2d Dept 2002]).