| Matter of Cassini, deceased |
| Motion No: 2017-01419 |
| Slip Opinion No: 2018 NY Slip Op 82769(U) |
| Decided on September 7, 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
M254826
E/sl
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
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2017-01419 In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, petitioner; Peggy Nestor Cassini, respondent-appellant; John J. Barnosky, et al., respondents-respondents. (File No. 343100)
| DECISION & ORDER ON MOTION |
Motion by the respondents-respondents to dismiss an appeal from an order of the Surrogate's Court, Nassau County, dated December 7, 2016, for failure to comply with a decision and order on motion of this Court dated May 22, 2018, or, in the alternative, to enlarge the time to serve and file a brief.
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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court