| Matter of DiDomizio, deceased |
| Motion No: 2013-05891 |
| Slip Opinion No: 2013 NY Slip Op 79180(U) |
| Decided on July 9, 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
M159074
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2013-05891 In Matter of Emidio DiDomizio, deceased. Carlo Chiulli, respondent; Giuliano DiDomizio, appellant (File No. 682/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Westchester County, dated March 12, 2013, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).
SKELOS, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court