| Matter of Epstein, deceased |
| Motion No: 2015-11320 |
| Slip Opinion No: 2017 NY Slip Op 61101(U) |
| Decided on January 13, 2017 |
| 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
M224436
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2015-11320 In the Matter of Sal Epstein, also known as Salomon Epstein, deceased. Lawrence Eckhouse, petitioner-respondent; Anita Taormina, respondent-appellant. (File No. 1881/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect" dated September 19, 2016, as dismissed an appeal from an order of the Surrogate's Court, Suffolk County, dated October 15, 2015, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and for leave to withdraw 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 granted, so much of the decision and order on motion of this Court dated September 19, 2016, as dismissed the appeal is recalled and vacated, and the appeal is deemed withdrawn, without costs or disbursements.
BALKIN, J.P., HALL, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court