| Matter of DiDomizio, deceased |
| Motion No: 2013-05891 |
| Slip Opinion No: 2013 NY Slip Op 87000(U) |
| Decided on October 2, 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
M163148
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 appellant, inter alia, for leave to reargue the respondent's motion to dismiss an appeal from an order of the Surrogate's Court, Westchester County, dated March 12, 2013, as untimely taken, which was determined by decision and order on motion of this Court dated July 9, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is for leave to reargue is granted and, upon reargument, the decision and order on motion of this Court dated July 9, 2013, is recalled and vacated, and the respondent's motion to dismiss the appeal as untimely taken is denied (see CPLR 5513[a]); and it is further,
ORDERED that the appellant's motion is otherwise denied as academic.
SKELOS, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court