Matter of McKeown, deceased
Motion No: 2008-08228
Slip Opinion No: 2009 NY Slip Op 85209(U)
Decided on October 6, 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

M92825

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, 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

Separate motions by Kevin McKeown for the appointment of a special master and, inter alia, to assign the case to a different Surrogate on an appeal from a decree of the Surrogate's Court, Westchester County, entered August 25, 2008, which was dismissed by decision and order on motion of this court dated September 1, 2009.

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

ORDERED that the motions are denied as academic in light of the decision and order on motion of this court dated September 1, 2009, dismissing the appeal.

DILLON, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court