| Matter of W. (Anonymous), Annie |
| Motion No: 2016-00409 |
| Slip Opinion No: 2016 NY Slip Op 67808(U) |
| Decided on March 21, 2016 |
| 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
M208319
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2016-00409 In the Matter of Annie W. (Anonymous). Deanndria Smith, petitioner-appellant; Spencer Barbach, et al., respondents- respondents. (Index No. 30075/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent-respondent Michael Wilkins, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered July 30, 2015, as untimely taken, for payment of his costs and counsel fees from the assets of the incapacitated person's assets, and to direct that the appellant personally pay her own costs and counsel fees.
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 appeal is denied; and it is further,
ORDERED that the branch of the motion which are for payment of the movant's costs and counsel fees from the assets of the incapacitated person's assets, and to direct that the appellant personally pay her own costs and counsel fees are denied without prejudice to seeking any appropriate relief in the Supreme Court, Westchester County; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court