| Matter of Hayhurst, deceased |
| Motion No: 2010-10997 |
| Slip Opinion No: 2011 NY Slip Op 83142(U) |
| Decided on September 9, 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
M125460
E/sl
JOSEPH COVELLO, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
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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 pro se to recall and vacate a decision and order on motion of this Court dated February 18, 2011, which dismissed an appeal from an order of the Surrogate's Court, Nassau County, dated September 30, 2010, on the ground that no appeal lies from an order denying reargument, to reinstate the appeal, and for poor person relief.
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