| Matter of Cassini, deceased |
| Motion No: 2016-08147 |
| Slip Opinion No: 2017 NY Slip Op 61946(U) |
| Decided on January 25, 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
M225200
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
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2016-08147
In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, petitioner-appellant; Jeffrey DeLuca, Public Administrator of Nassau County, respondent-respondent; et al., respondents; Richard Rowe, claimant-respondent; Gassman Baiamonte Betts, PC, nonparty-respondent. (File No. 343100)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Nassau County, dated July 1, 2016.
Upon the papers filed in support of the application and the papers filed in opposition
thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see CPLR 5511); and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court