| Matter of Deutsch, deceased |
| Motion No: 2008-03032 |
| Slip Opinion No: 2009 NY Slip Op 86178(U) |
| Decided on October 19, 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
M93189
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
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2008-03032 In the Matter of Antonia Deutsch, deceased. Moshe Deutsch, appellant; Martin Deutsch, et al., respondents. (Matter No. 1) In the Matter of Nachman Deutsch, deceased. Moshe Deutsch, appellant; Martin Deutsch, et al., respondents. (Matter No. 2) Martin Deutsch, et al., respondents, v Jacob Deutsch, et al., defendants, Moshe Deutsch, appellant. (Matter No. 3) (File Nos. 2279/05, 2278/05; Index No. 35613/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Surrogate's Court, Kings County, dated December 19, 2007, on the ground that the appeal was not timely taken. By decision and order on motion dated January 26, 2009, the matter was remitted to the Surrogate's Court, Kings County, to hear and report on the issue of if, or when, the order with notice of entry was served upon the attorney for the appellant, and the motion was held in abeyance in the interim. The Surrogate's Court, Kings County, has filed its report dated September 24, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Surrogate's Court, Kings County, dated September 24, 2009, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.
SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court