Matter of Estabrook, deceased
Motion No: 2014-04853
Slip Opinion No: 2015 NY Slip Op 93213(U)
Decided on December 10, 2015
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

M202895

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-04853

In the Matter of Mary Abbott Estabrook, deceased.

Carole A. Buchanan-Brown, petitioner-respondent;

Wayne J. Pope, respondent-appellant, et al.,

respondent.

(File No. 2009-455)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated October 16, 2015, as dismissed an appeal from an order of the Surrogate's Court, Suffolk County, dated March 24, 2014, for failure to timely perfect and to reinstate the appeal.

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

ORDERED that the motion is denied.

BALKIN, J.P., HALL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court