| Matter of Fotiades, deceased |
| Motion No: 2012-06432 |
| Slip Opinion No: 2013 NY Slip Op 70972(U) |
| Decided on April 18, 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. |
Appellate Division: Second Judicial Department
M154884
E/ct
MARK C. DILLON, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2012-06432 In the Matter of Joan Marie Fotiades, deceased. Daphne Fotiades, appellant; Gregory Fotiades, respondent. (File No. 519/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated May 31, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the intermediate order dated May 31, 2012, terminated upon entry of the final decree dated December 14, 2012, in the above-entitled proceeding (see Matter of Carvel, 97 AD3d 571; see also Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court