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Court Dismisses Appeal on Proceedural Grounds

The plaintiffs and appellants in this case are Leslie Lerman and Lois Lerman. Summerhill Estates, Inc, Adam C. Robinson, Marleen L. Robinson, Allen M. Robinson, and Michele A. Keagle are the defendants of the case. Cayuga County is the defendant and respondent in the case.

A New York Probate Lawyer said this appeal case is being heard in the Supreme Court of the State of New York in the Appellate Division. The judges overseeing the case are P. J. Smith, Scudder, Fahey, Centra, and Peradotto, JJ. The case is being heard on the 25th of October in 2011.

Respondents Case

The respondent in this case, Cayuga County is moving to dismiss an appeal that was ordered by the Supreme Court. The original appeal was entered into the court by the Office of the Clerk in Cayuga County on the first of July in 2011. The reason given by the respondent for the dismissal of the appeal is that the appellants did not act within the necessary time frame for making the appeal.

Affidavit

The court has read the affidavit of J. Ryan Hatch, Esquire. The affidavit was written by J. Ryan Hatch, Esquire on the 20th of September. The affidavit was affirmed by the court on October 7th, 2011. It is written that the notice of motion was provided at this time along with the proof of service. This shows due deliberation of delivery of the information by the respondents and defendants.

From this affidavit, the court can see that the defendant – respondent are correct in stating that the appeal was not made within the specified time frame that was ordered by the original court where the case was heard.

Court Order

Based on the information that has been provided to the court, we find in favor of the defendant. Nassau County Probate Lawyers said the motion for the appeal to be dismissed is hereby granted. This is without any further orders, unless the appellant perfects the appeal and submits it to the courts on or before the 27th of December, 2011.

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