CATHLEEN SEEBALD, AS EXECUTOR OF THE ESTATE OF GEORGE FLATTERY, III V GUY R. SPOONLEY AND CAROLE J. SPOONLEY SHANE
Motion No: CA 23-01449
Slip Opinion No: 2024 NY Slip Op 73444(U)
Decided on August 26, 2024
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 26, 2024

PRESENT: SMITH, J.P., LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 23-01449

CATHLEEN SEEBALD, AS EXECUTOR OF THE ESTATE OF GEORGE FLATTERY, III, PLAINTIFF-APPELLANT,

V

GUY R. SPOONLEY AND CAROLE J. SPOONLEY,

DEFENDANTS-RESPONDENTS, SHANE SPOONELY, DEFENDANT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered April 28, 2023,

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 granted on the condition that the appeal is perfected on or before October 7, 2024.

Entered: August 26, 2024

Ann Dillon Flynn

Clerk of the Court