Matter of Passalacqua, deceased
Motion No: 2005-07900
Slip Opinion No: 2007 NYSlipOp 70033(U)
Decided on May 23, 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

M54773

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2005-07900

In the Matter of Salvatore Passalacqua,

deceased.

Andrea Mannino, et al., respondents;

Salvatore R. Passalacqua, et al., appellants.

(File No. 2237/89)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from a decree of the Surrogate's Court, Kings County, dated July 19, 2005, which was determined by decision and order of this court dated July 18, 2006.

Upon the papers filed in support of the motion and no papers filed having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

We note that the papers filed by the petitioners in connection with this motion were not considered, as the petitioners did not file a brief on the appeal and as such do not have standing to file papers in connection with this motion.

MILLER, J.P., SPOLZINO, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court