| Matter of Fotiades, deceased |
| Motion No: 2011-01922 |
| Slip Opinion No: 2011 NY Slip Op 81623(U) |
| Decided on August 19, 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
M124769
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2011-01922 In the Matter of Joan Marie Fotiades, also known as Esther Fotiades, deceased. Gregory W. Fotiades, respondent; Daphne Fotiades, appellant. (File No. 519A2001)
| DECISION & ORDER ON MOTION |
ORDERED, that on the Court's own motion, the decision and order on application dated August 17, 2011, in the above-entitled appeal is recalled and vacated and the following order is substituted therefor:
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, Suffolk County, dated December 6, 2010, or to withdraw the appeal in the event that the order is not appealable as of right.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is to withdraw the appeal is granted, and the appeal is marked withdrawn; and it is further,
ORDERED that the application is otherwise denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court