Matter of McKeown, deceased
Motion No: 2008-08228
Slip Opinion No: 2009 NY Slip Op 82133(U)
Decided on September 1, 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

M91399

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

ARIEL E. BELEN, 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 George J. Lambert to dismiss an appeal from a decree of the Surrogate's Court, Westchester County, entered August 25, 2008, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court.

SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court