Opinion
DOCKET NO. CA 17-01234
08-23-2017
IN THE MATTER OF THE ESTATE OF THEODORE K. HENRY, DECEASED. THE HOMESTEAD AT SOLDIERS AND SAILOR, OBJECTANT-APPELLANT; v. BRUCE HENRY AND RICHARD B. HENRY, CO-EXECUTORS OF THE ESTATE OF THEODORE K. HENRY, DECEASED, RESPONDENTS-RESPONDENTS
PRESENT:
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Yates County Surrogate's Court entered in the Office of the Clerk of said court on August 22, 2016, and respondents having cross-moved to dismiss the appeal for failure to timely take the appeal,
Now, upon reading and filing the affidavit of Michael D. Calarco, Esq., sworn to June 27, 2017, the affirmation of Jeremy M. Sher, Esq., dated July 13, 2017, the affirmation of Kara E. Stoddart, Esq., dated July 13, 2017, and the notices of motion and cross-motions with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' cross motions are denied insofar as they seek dismissal of the appeal as untimely taken pursuant to CPLR 5513 (a), without prejudice, and leave to renew arguments in support of and in opposition to the cross motions in the parties' briefs and at oral argument, and
It is further ORDERED that appellant's motion is granted, and appellant shall perfect the appeal on or before October 23, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 23, 2017
Frances E. Cafarell, Clerk