| Matter of Schmeid, deceased |
| Motion No: 2010-01793 |
| Slip Opinion No: 2010 NY Slip Op 90014(U) |
| Decided on December 7, 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
M112153
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2010-01793 In the Matter of Joseph Schmeid, deceased. Juanita Kho, etc., appellant; Alfred Cacici, et al., respondents. (File No. 2668/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents Alfred Cacici and Connie Cacici to dismiss an appeal from an order of the Surrogate's Court, Queens County, dated January 27, 2010, on the ground that the right of direct appeal terminated with entry of a decree in the above-entitled matter dated March 22, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated January 27, 2010, is deemed to be a premature notice of appeal from the decree dated March 22, 2010 (see CPLR 5520[c]); and it is further,
ORDERED that on or before January 3, 2011, the appellant shall serve and file a supplemental appendix containing the decree dated March 22, 2010; and it is further,
ORDERED that the motion is denied.
FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court