Matter of Gerbacia, deceased
Motion No: 2005-11124
Slip Opinion No: 2007 NYSlipOp 87316(U)
Decided on December 24, 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

M63797

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2005-11124

In the Matter of Martha Gerbacia, deceased.

Maria Viviano, appellant; George Gerbacia,

et al., respondents.

(File No. 3218/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated September 14, 2007, which determined her motion for leave to reargue an appeal from an order and decree (one paper) of the Surrogate's Court, Queens County, dated October 11, 2005, which appeal was determined by decision and order of this court dated February 20, 2007.

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

ORDERED that the motion is denied.

CRANE, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court