| Matter of Sabel, deceased |
| Motion No: 2017-00064 |
| Slip Opinion No: 2017 NY Slip Op 68538(U) |
| Decided on March 27, 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
M228356
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
BETSY BARROS, JJ.
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2017-00064 In the Matter of Zoltan Sabel, also known as Zolten Sabel, deceased. Jacob Sabel, petitioner-respondent; Judith Kupferstein, et al., objectants-appellants. (File No. 209/15)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to dismiss an appeal from an order of the Surrogate's Court, Rockland County, dated August 16, 2016, as untimely taken. Application by the objectant-appellant Judith Kupferstein to withdraw her appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal insofar as taken by the objectant-appellant Judith Kupferstein is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is granted to the extent that the appeal insofar as taken by the objectant-appellant Samuel Sabel is dismissed, without costs or disbursements (see CPLR 5513[a]), and the motion is otherwise denied as academic.
RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court