Matter of Hyra, deceased
Motion No: 2009-11551
Slip Opinion No: 2011 NY Slip Op 87976(U)
Decided on October 26, 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

M127831

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-11551

In the Matter of Vera Hyra, deceased.

Bank of New York, etc., respondent;

Bogdan Wislocki, et al., appellants.

(Proceeding No. 1)

Maria Wislocki, appellant, v Bertine, Hufnagel,

Headley, Zeltner, Drummond & Dohn, LLP,

et al., respondents.

(Proceeding No. 2)

(File No. 659/07)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to amend a decision and order of this Court dated February 8, 2011, which determined an appeal from an order of the Surrogate's Court, Westchester County, dated August 5, 2009, by deleting the provision thereof as directed them to pay costs. Separate motion by the respondent BNY Mellon, N.A., to impose a sanction upon the appellants, and for an award of an attorney's fee and costs.

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

ORDERED that the motions are denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court