| Matter of Cassini, deceased |
| Motion No: 2017-01419 |
| Slip Opinion No: 2017 NY Slip Op 77300(U) |
| Decided on June 16, 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
M233087
E/afa
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-01419 In the Matter of Oleg Cassini, deceased. Peggy Nestor Cassini, respondent-appellant; John J. Barnosky, et al., respondents-respondents. (File No. 343100)
| DECISION & ORDER ON MOTION |
Motion by the respondents-respondents John J. Barnosky and Alexandre Cassini Belmont to dismiss an appeal from an order of the Surrogate's Court, Nassau County, dated December 7, 2016, as untimely taken. Separate motion by the respondent-appellant for leave to appeal to this Court from the order dated December 7, 2016.
Upon the papers filed in support of the motions and the papers filed in opposition
thereto, it is
ORDERED that the motion by the respondents-respondents John J. Barnosky and Alexandre Cassini is denied; and it is further,
ORDERED that the respondent-appellant's motion is denied as unnecessary as the order is appealable as of right (see CPLR 5701).
DILLON, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court