Matter of Pietaro, deceased
Motion No: 2006-00672
Slip Opinion No: 2006 NYSlipOp 80611(U)
Decided on November 27, 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

M47380

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-00672

In the Matter of Dorothy Pietaro, deceased.

James D. Trump, respondent; Joseph P. Bova,

et al., appellants.

(File No. 1157/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a decree of the Surrogate's Court, Suffolk County, dated December 8, 2005, and cross motion by the appellants to enlarge the time to perfect the appeal.

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

ORDERED that the cross motion is denied; and it is further,

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court