| Matter of Fotiades, deceased |
| Motion No: 2009-11588 |
| Slip Opinion No: 2010 NY Slip Op 82025(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. |
Appellate Division: Second Judicial Department
M108064
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
RUTH C. BALKIN
RANDALL T. ENG, JJ.
|
2009-11588 In the Matter of Joan Marie Fotiades, etc., deceased. Daphne Fotiades, appellant; Gregory Fotiades, respondent. (File No. 519/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decree of the Surrogate's Court, Suffolk County, dated July 18, 2002, on the ground, inter alia, that the appellant is not aggrieved and for attorneys' fees and costs on the motion. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., DILLON, BALKIN and ENG, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court