| Matter of Moore, deceased |
| Motion No: 2017-03723 |
| Slip Opinion No: 2018 NY Slip Op 75268(U) |
| Decided on June 15, 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
M251359
E/sl
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
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2017-03723 In the Matter of Frank Moore, Jr., deceased. Eileen Kyne, petitioner-respondent; Michele Moore, objectant-appellant; Frank Moore III, respondent-respondent. (File No. 754/90)
| DECISION & ORDER ON MOTION |
Motion by the objectant-appellant, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this Court dated December 13, 2017, as amended January 2, 2018, and June 15, 2018, as dismissed an appeal from an order of the Surrogate's Court, Suffolk County, dated February 24, 2017, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal had not been granted, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated December 13, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MASTRO, J.P., ROMAN, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court