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Simmons v. Stewart (In re Estate of Lewis)

Appellate Division of the Supreme Court of the State of New York
Dec 19, 2016
2016 N.Y. Slip Op. 94962 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-02231

12-19-2016

IN THE MATTER OF THE ESTATE OF ROBYN R. LEWIS, DECEASED. JAMES ROBERT SIMMONS, PETITIONER-RESPONDENT; v. MEREDITH M. STEWART, RONALD L. LEWIS, RONALD L. LEWIS, II, AND JONATHAN K. LEWIS, OBJECTANTS-APPELLANTS.


PRESENT:

Respondent having moved to dismiss the appeal taken herein from a decree of the Jefferson County Surrogate's Court entered in the Office of the Clerk of said court on September 6, 2016, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Julian B. Modesti, Esq., sworn to December 9, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to December 16, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before February 17, 2017.

Entered: December 19, 2016

Frances E. Cafarell, Clerk


Summaries of

Simmons v. Stewart (In re Estate of Lewis)

Appellate Division of the Supreme Court of the State of New York
Dec 19, 2016
2016 N.Y. Slip Op. 94962 (N.Y. App. Div. 2016)
Case details for

Simmons v. Stewart (In re Estate of Lewis)

Case Details

Full title:IN THE MATTER OF THE ESTATE OF ROBYN R. LEWIS, DECEASED. JAMES ROBERT…

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

Date published: Dec 19, 2016

Citations

2016 N.Y. Slip Op. 94962 (N.Y. App. Div. 2016)