Matter of Hayhurst, deceased
Motion No: 2010-10997
Slip Opinion No: 2011 NY Slip Op 73802(U)
Decided on May 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M120451

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 on an appeal from an order of the Surrogate's Court, Nassau County, dated September 30, 2010, which was dismissed by decision and order on motion of this Court dated February 18, 2011, in effect, to deem the notice of appeal from the order to be a notice of appeal from a decree of the same court dated November 3, 2010.

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

ORDERED that the motion is denied.

COVELLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court