| Matter of Hyra, deceased |
| Motion No: 2008-10071 |
| Slip Opinion No: 2009 NY Slip Op 70441(U) |
| Decided on April 23, 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
M85650
S/cb
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2008-10071 In the Matter of Vera Hyra, deceased. Maria Wislocki, appellant; Bertine Hufnagel, et al., respondents. (File No. 659-07)
| ORDER TO SHOW CAUSE |
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, Westchester County, dated October 6, 2008.
Now, on the court's own motion, it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that it has been rendered academic by a stipulation of settlement entered into between the parties on February 9, 2009, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 15, 2009; and it is further,
ORDERED that the application to enlarge time is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.
MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court