Matter of Hyra, deceased
Motion No: 2008-10071
Slip Opinion No: 2009 NY Slip Op 77521(U)
Decided on July 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M89161

S/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-10071

In the Matter of Vera Hyra, deceased.

Maria Wislocki, appellant; Bertine, Hugnagel,

Headley, Zeltner, Drummond & Dohn, LLP, et al.,

respondents.

(File No. 659/07)

DECISION & ORDER ON MOTION

Appeal by Maria Wislocki from an order of the Surrrogate's Court, Westchester County, dated October 6, 2008.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic by a stipulation of settlement dated February 9, 2009, without prejudice to move to reinstate this appeal after determination of an appeal by Maria Wislocki from an order of the Surrogate's Court, Westchester County, dated June 15, 2009, pending in this court under Appellate Division Docket No. 2009-06055.

FISHER, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court