| Matter of Fotiades, deceased |
| Motion No: 2013-06757 |
| Slip Opinion No: 2014 NY Slip Op 81642(U) |
| Decided on August 25, 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
M178922
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2013-06757 In the Matter of Joan Marie Fotiades, deceased. Gregory W. Fotiades, Jr., as administrator of the estate of Gregory W. Fotiades, respondent; Daphne Fotiades, appellant. (File No. 519/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decree of the Surrogate's Court, Suffolk County, dated December 14, 2012, to recall and vacate a decision and order on application of this Court dated June 10, 2014, which, inter alia, granted an application by Gregory W. Fotiades, Jr., as administrator of the estate of Gregory W. Fotiades, to be substituted for the deceased respondent Gregory W. Fotiades, and to amend the caption accordingly. Separate motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).
SKELOS, J.P., DICKERSON, AUSTIN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court