Matter of Kunicki, deceased
Motion No: 2005-06583
Slip Opinion No: 2007 NYSlipOp 64640(U)
Decided on March 7, 2007
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

M51717

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2005-06583

In the Matter of Victoria Kunicki, etc., deceased.

Seth Rubenstein, P.C., appellant-respondent;

Elizabeth Bednarz, respondent-appellant.

(File No. 139/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to reargue an appeal and cross appeal from an order of the Surrogate's Court, Kings County, dated April 13, 2005, which was determined by decision and order of this court dated December 19, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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.

PRUDENTI, P.J., MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court