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Decision and Orders signed: April 5, 2024 Surrogate Gingold

ESTATE OF REUBEN RODECKER, Deceased (70-0009/C) — In this uncontested petition for an order granting cy pres relief and for fixing and allocating attorney’s fees, the court issued a decision and order on December 1, 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. Accordingly, since more than 90 days have passed, the petition is dismissed, without prejudice, for failure to prosecute (SCPA 209[8]; CPLR 3216). The Clerk of the Court is directed to email a copy of this decision, which constitutes the order of the court, to the petitioner’s counsel of record. Dated: April 5, 2024

 
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