| Matter of McArdle, deceased |
| Motion No: 2017-09558 |
| Slip Opinion No: 2018 NY Slip Op 71146(U) |
| Decided on May 2, 2018 |
| 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
M249489
E/afa
SHERI S. ROMAN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2017-09558 In the Matter of Margaret McArdle, deceased. Joan Booker, petitioner-respondent; Margaret A. Stankevich, et al., respondents- appellants. (File No. 2041A/15)
| DECISION & ORDER ON MOTION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated July 14, 2017. By order to show cause dated February 20, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the respondents-appellants are not aggrieved by the order dated July 14, 2017.
Now, upon the order to show cause and the papers filed in response 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 motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the application is denied as academic.
ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court