Matter of Benjamin, deceased
Motion No: 2009-06457
Slip Opinion No: 2010 NY Slip Op 82023(U)
Decided on September 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108218

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-06457

In the Matter of Calvin E. Benjamin, deceased.

Janet Benjamin, et al., respondents; George B.

Headley, etc., nonparty-appellant.

(File No. 905/03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to amend a decision and order dated April 27, 2010, which determined an appeal from a decree of the Surrogate's Court, Kings County, dated May 1, 2009.

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

ORDERED that the motion is denied.

FISHER, J.P., COVELLO, LOTT and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court