| Matter of Labita, deceased |
| Motion No: 2008-06456 |
| Slip Opinion No: 2009 NY Slip Op 82416(U) |
| Decided on September 4, 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
M91592
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
RANDALL T. ENG, JJ.
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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, for leave to reargue her prior motion, 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. The prior motion, inter alia, to vacate was determined by decision and order on motion dated April 17, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant shall make no further motions in connection with this appeal without leave of this court.
MASTRO, J.P., SKELOS, DILLON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court