| 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. |
Appellate Division: Second Judicial Department
M174778
E/sl
THOMAS A. DICKERSON, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
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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