| Matter of McKeown, deceased; Lambert, George J. |
| Motion No: 2008-08228 |
| Slip Opinion No: 2009 NYSlipOp 65876(U) |
| Decided on March 6, 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
M83341
E/cb
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
MARK C. DILLON
JOHN M. LEVENTHAL, JJ.
|
2008-08228
In the Matter of Margaret A. McKeown, a/k/a Marge McKeown, deceased. Thomas McKeown, appellant; Mary McKeown Virga, et al., respondents. (File No. 2239/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Mary McKeown Virga on appeals from a decree of the Surrogate's Court, Westchester County, entered August 25, 2008, for leave to reargue her prior motion to dismiss the appeal of Kevin McKeown on the ground that no appeal lies from a decree entered upon the default of the appealing party, which was determined by decision and order on motion dated November 24, 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.
MASTRO, J.P., SPOLZINO, DILLON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court