| Matter of Rappaport, deceased |
| Motion No: 2008-00404 |
| Slip Opinion No: 2009 NYSlipOp 65308(U) |
| Decided on March 4, 2009 |
| 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
M83114
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2008-00404, 2008-05630 In the Matter of Alfred D. Rappaport, deceased. Sylvia Rappaport, et al., appellants; Marguerite Downs Rappaport, respondent. (Matter No. 1) In the Matter of Estate of Alfred D. Rappaport, appellant, v John B. Riordan, et al., respondents. (Matter No. 2) (File No. 307789; Index No. 18803/07)
| DECISION & ORDER ON MOTION |
Motion by Marguerite Downs Rappaport on appeals from a decree of the Surrogate's Court, Nassau County, dated June 16, 2008, and a judgment of the Supreme Court, Nassau County, entered May 27, 2008, to dismiss the appeals on the ground that they are based on "unlawfully obtained material," or to "expung[e] all unlawfully obtained materials," and to impose a sanction upon Lori Rappaport LaCroix. Cross motion by Lori Rappaport LaCroix, inter alia, to strike the motion and to issue a citation pursuant to SCPA 607 and Judiciary Law § 757.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is
ORDERED that the motion and cross motion are denied.
FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court