| Matter of Labita, deceased; D'Alessandro, Katherine |
| Motion No: 2008-06456 |
| Slip Opinion No: 2009 NYSlipOp 69987(U) |
| Decided on April 17, 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
M85452
E/cb
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
RANDALL T. ENG, JJ.
|
2008-06456, 2008-10451 In the Matter of Angela Labita, a/k/a Angelica J. Labita, deceased. Katherine D'Alessandro, appellant; Nicolina D. Hayhurst, respondent. (File No. 340135)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to vacate so much of a decision and order on motion of this court dated February 24, 2009, as dismissed appeals from an order of the Surrogate's Court, Nassau County, dated June 3, 2008, and a decree of the same court dated October 16, 2008, to reinstate the appeals, and for leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to vacate stated portions of the decision and order on motion dated February 24, 2009, and to reinstate the appeals is denied; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person is denied as academic.
MASTRO, J.P., SKELOS, DILLON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court