| Matter of Gacovino, deceased |
| Motion No: 2018-13771 |
| Slip Opinion No: 2019 NY Slip Op 75027(U) |
| Decided on July 15, 2019 |
| 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
M264289
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2018-13771 In the Matter of Robert John Gavocino, Sr., etc., deceased. Paula B. Wunder, petitioner-appellant; Capital One, N.A., et al., respondents-respondents. (File No. 372997/13A)
| DECISION & ORDER ON MOTION |
Motion by the respondent-respondent Capital One, N.A., inter alia, to dismiss an appeal from an order of the Surrogate's Court, Nassau County, dated August 8, 2018, on the ground that the record contains matter dehors the record and is inadequate or, in the alternative, to strike the record and the petitioner-appellant's brief on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court