| Matter of Merhige, deceased |
| Motion No: 2014-02628 |
| Slip Opinion No: 2014 NY Slip Op 72133(U) |
| Decided on May 13, 2014 |
| 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
M173653
E/ct
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2014-02628 In the Matter of Alice S. Merhige, decease John Shofi, petitioner-respondent; Grace J. Hydrusko, respondent-appellant. (File No. 365/06)
| DECISION & ORDER ON MOTION d |
Motion by the petitioner-respondent to dismiss an appeal from a decree of the Surrogate's Court, Kings County, dated January 31, 2014, on the ground that no appeal lies from a decree entered upon the default of the appealing party; and it is further,
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 (see CPLR 5511).
ENG, P.J., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court