| Matter of McKanic, deceased |
| Motion No: 2006-01114 |
| Slip Opinion No: 2008 NYSlipOp 70930(U) |
| Decided on May 2, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M69897
E/sl
STEVEN W. FISHER, J.P.
DAVID S. RITTER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-01114 In the Matter of Betty Jean McKanic, deceased. Scott Pete, respondent; Janulyn McKanic, appellant. (File No. 4218/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decree of the Surrogate's Court, Queens County, dated December 2, 2005, for leave to reargue her motion to amend a decision and order on motion of this court dated January 22, 2008, which stayed the trial in the above-entitled proceeding pending hearing and determination of the appeal, to provide that all proceedings in the above-entitled proceeding are stayed pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated February 14, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of our determination of the appeal (see Matter of McKanic, ___ AD3d ___ [2d Dept, Apr. 29, 2008]).
FISHER, J.P., RITTER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court