Matter of Cascardo, deceased
Motion No: 2010-05834
Slip Opinion No: 2010 NY Slip Op 90254(U)
Decided on December 9, 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

M112146

T/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2010-05834

In the Matter of Anthony Cascardo, deceased.

Debra Cascardo, appellant; Russell Cascardo,

respondent.

(File No. 2008-349)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Richmond County, dated May 13, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic.

DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court