Matter of Moskoff, deceased
Motion No: 2008-01624
Slip Opinion No: 2008 NYSlipOp 80827(U)
Decided on August 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M74760

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-01624

DECISION & ORDER ON APPLICATION

In the Matter of Arthur Moskoff, deceased.

David Moskoff, appellant;

George Moskoff, et al., respondents.

(File No. 429/03)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Rockland County, dated January 2, 2008.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated January 2, 2008, was superseded by a decree of the same court dated March 12, 2008, and the appeal from the decree pending under Appellate Division Docket No. 2008-03441, was dismissed by decision and order on motion dated June 18, 2008, on the ground that the decree was entered on stipulation; and it is further,

ORDERED that the application is denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court