Matter of Oteri, deceased
Motion No: 2014-02108
Slip Opinion No: 2014 NY Slip Op 74376(U)
Decided on June 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M174778

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-02108, 2014-02109, 2014-02110

In the Matter of Mildred Theresa Oteri, de

Donna Ferguson, petitioner-respondent, et

petitioner; Steven M. Oteri, respondent-ap

(File No. 3254/09)

DECISION & ORDER ON MOTION

ceased.
al.,
pellant.

Motion by the petitioner-respondent to dismiss appeals from a decree of the Surrogate's Court, Queens County, dated January 10, 2014, and two orders of the same court both also dated January 10, 2014, based upon the failure to take an appeal from a prior order of the same court dated January 31, 2013, or, in the alternative, to vacate any stay which may be in effect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary..

DICKERSON, J.P., LEVENTHAL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court