| Matter of Mancini, deceased |
| Motion No: 2009-00518 |
| Slip Opinion No: 2009 NYSlipOp 68176(U) |
| Decided on March 31, 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
M84448
E/nl
STEVEN W. FISHER, J.P.
HOWARD MILLER
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2009-00518
In the Matter of Emnico Mancini, deceased. Benjamin E. Herbst, appellant; Serafina Mancini, et al., respondents. (File No. 3586/05)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Serafina Mancini to dismiss an appeal from an order of the Surrogate's Court, Kings County, dated April 2, 2008, on the ground that the appellant's failure to appeal from an order of the same court dated January 8, 2008, bars an appeal from the order dated April 2, 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 on the ground that the failure to appeal from the order dated January 8, 2008, did not bar an appeal from the order dated April 2, 2008.
FISHER, J.P., MILLER, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court