| Matter of Hayhurst, deceased |
| Motion No: 2010-10997 |
| Slip Opinion No: 2011 NY Slip Op 64685(U) |
| Decided on February 18, 2011 |
| 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
M115446
E/sl
JOSEPH COVELLO, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2010-10997 In the Matter of Nicolina D. Hayhurst, deceased. Katherine D'Alessandro, appellant; Natasha Spivey, respondent. (File No. 355546)
| DECISION & ORDER ON MOTION |
Motion by the appellant for poor person relief on an appeal from an order of the Surrogate's Court, Nassau County, dated September 30, 2010. Separate motion by the respondent to dismiss the appeal, inter alia, on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is granted and the appeal is dismissed, without costs or disbursements, and the respondent's motion is otherwise denied as academic; and it is further,
ORDERED that the appellant's motion for poor person relief is denied as academic.
COVELLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court