Matter of Bennett, deceased
Motion No: 2010-00911
Slip Opinion No: 2011 NY Slip Op 89942(U)
Decided on November 17, 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

M128727

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-00911, 2010-07014

In the Matter of Howard E. Bennett, also

known as Ward Bennett, deceased.

David White, appellant; Robert Middleton,

et al., respondents.

(File No. 2220-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Surrogate's Court, Suffolk County, dated December 21, 2009, and June 24, 2010, respectively, which were determined by decision and order of this Court dated May 31, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

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

ORDERED that the motion is denied, with $100 costs.

MASTRO, J.P., CHAMBERS, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court