| Mts of Robinson, deceased |
| Motion No: 2010-01893 |
| Slip Opinion No: 2010 NY Slip Op 74395(U) |
| Decided on June 14, 2010 |
| 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
M104222
E/ct
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
SHERI S. ROMAN, JJ.
|
2010-01893 In the Matter of Carole Robinson, a/k/a Carol Robinson, deceased. Carolyn Lutecia Taylor, etc., appellant; Home Heating Oil, Inc., respondent. (File No. 445/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to reargue her opposition to the respondent's prior cross motion to dismiss an appeal from a decree of the Surrogate's Court, Kings County, dated December 23, 2009, as untimely taken, which was granted by decision and order on motion dated April 12, 2010, and to reinstate the appeal. Cross motion by the respondent to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
RIVERA, J.P., FLORIO, MILLER and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court