Matter of O'Malley, deceased
Motion No: 2009-08629
Slip Opinion No: 2011 NY Slip Op 90514(U)
Decided on November 22, 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

M129049

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2009-08629

In the Matter of Grace O'Malley, deceased.

Kathleen O'Malley, also known as Kacey

O'Malley, appellant-respondent; John O'Malley,

respondent-appellant.

(File No. 3604/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to reargue an appeal and cross appeal from a decree of the Surrogate's Court, Queens County, dated August 18, 2009, which were determined by decision and order of this Court dated September 13, 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.

ANGIOLILLO, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court