Matter of Fotiades, deceased
Motion No: 2004-05616 +1
Slip Opinion No: 2006 NYSlipOp 60815(U)
Decided on January 18, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34872

T/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05616, 2004-05617

In the Matter of Joan Marie Fotiades, deceased.

Gregory W. Fotiades, petitioner-respondent;

David Bart Moskoff, appellant, et al., respondent.

(File No. 519/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, which were determined by decision and order of this court dated September 6, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and to have Associate Justice Robert A. Lifson recuse himself from all proceedings in the above-entitled appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court