| Matter of Fotiades, deceased |
| Motion No: 2004-05616 +1 |
| Slip Opinion No: 2006 NYSlipOp 60816(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. |
Appellate Division: Second Judicial Department
M34874
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 on appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, inter alia, to supplement the record with an affidavit of John P. Graffeo, dated October 21, 2002. By decision and order on motion of this court dated April 27, 2005, the branch of the motion which was to supplement the record was held in abeyance and was referred to the Justices hearing the appeals for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the argument of the appeals, it is
ORDERED that the branch of the motion which is to supplement the record is granted, and the affidavit of John P. Graffeo was considered in the determination of the appeals.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court