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Decision and Orders signed: February 27-29, 2024 Surrogate Gingold

ESTATE OF GETULIO ALVARADO, Deceased (12-743/A/B/C) — In this uncontested compromise and accounting proceeding, the court issued a decision and order on October 20, 2023 (hereinafter, the “decision”) stating that the proceeding would be dismissed for failure to prosecute unless a party took affirmative action within 90 days of receipt of a copy of the decision. The Clerk of the Court sent a copy of the decision to the parties’ counsel of record by certified mail. Petitioner filed an affirmation on January 23, 2024 which was devoid of information. Accordingly, since more than 90 days have passed, the petition is dismissed, without prejudice, for failure to prosecute (SCPA 209[8]; CPLR 3216). This decision constitutes the order of the court. The Clerk of the Court is directed to email a copy of this decision, which constitutes the order of the court, by certified mail, to the petitioner’s counsel of record. Dated: February 28, 2024

 
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