Matter of Sadowski, deceased
Motion No: 2007-00317
Slip Opinion No: 2007 NYSlipOp 76500(U)
Decided on August 28, 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

M58985

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-00317

In the Matter of Anthony S. Sadowski, deceased.

Michele Lippa Gartner, etc., respondent;

Joseph A. F. Sadowski, appellant.

(File No. 328030)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated June 7, 2007, which dismissed an appeal from a decision of the Surrogate's Court, Nassau County, dated December 6, 2006, on the ground that no appeal lies from a decision, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., GOLDSTEIN, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court