Matter of McCormick, deceased
Motion No: 2015-12186
Slip Opinion No: 2018 NY Slip Op 88351(U)
Decided on November 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257323

E/mm

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2015-12186

In the Matter of Edmund J. McCormick, deceased.

Bankers Trust Company, et al., petitioners-

respondents; Edmund J. McCormick, Jr.,

respondent-respondent, et al., respondent;

Suzanne McCormick, respondent-appellant.

(File No. 3522/88)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent Bankers Trust Company to dismiss an appeal from an order of the Surrogate's Court, Westchester County, dated November 2, 2015, 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 denied as unnecessary as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

BALKIN, J.P., SGROI, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court