Matter of Hill, deceased
Motion No: 2011-05612
Slip Opinion No: 2011 NY Slip Op 89048(U)
Decided on November 7, 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

M128369

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-05612

In the Matter of Lillian Hill, deceased.

Marcia Fitzsimmons, etc., respondent;

Mortgage Electronic Registration Systems,

Inc., appellant.

(File No. 3420/08)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to dismiss an appeal from an order of the Surrogate's Court, Queens County, dated April 12, 2011, on the ground that the appellant lacks standing to appear in the proceeding or move for summary judgment.

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

ORDERED that the motion is denied.

RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court