Matter of Rakow, deceased
Motion No: 2012-08568
Slip Opinion No: 2013 NY Slip Op 60972(U)
Decided on January 10, 2013
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

M148876

E/ct

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-08568

In the Matter of Lois M. Rakow, deceased.

Lois Gibson, appellant; Susan G. Komen

Breast Cancer Foundation, et al., respondents.

(File No. 250/09)

DECISION & ORDER ON MOTION

Motion by the respondent Edwin Miller to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 11, 2011, on the ground that the appellants improperly seek to raise certain issues set forth in the in Request for Appellate Division Intervention.

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

ORDERED that the motion is denied.

ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court