Matter of Rakow, deceased
Motion No: 2012-08568
Slip Opinion No: 2013 NY Slip Op 78179(U)
Decided on June 27, 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

M158494

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-08568

In the Matter of Lois M. Rakow, deceased.

Edwin Miller, petitioner-respondent; Lois

Gibson, et al., appellants; Susan G. Komen

Breast Cancer Foundation, respondent-respondent;

et al., respondent.

(File No. 250/09)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss an appeal from an order of the Surrogate's Court, Westchester County, dated October 11, 2011, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.

RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court