Matter of Zach, deceased
Motion No: 2017-03052
Slip Opinion No: 2017 NY Slip Op 95390(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M242048

E/ct

L. PRISCILLA HALL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-03052

In the Matter of Alois Zach, deceased.

Frank A. Zach, petitioner-appellant;

Rosalie Zach, also known as Rosalia Zach, also

known as Rose Zach, respondent-respondent.

(File No. 3606/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Suffolk County, dated February 17, 2017, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).

HALL, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court