| Barone v Barone |
| Motion No: 2017-04452 |
| Slip Opinion No: 2019 NY Slip Op 80868(U) |
| Decided on October 3, 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
M266187
kbp/
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-04452 Jean Barone, etc., appellant, v Gilma Posada Barone, etc., et al., respondents. (Index No. 9162/12)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated March 13, 2018, as dismissed the appeal on the ground that no appeal lies from a decision, and to reinstate the appeal. Separate motion by the appellant to amend the caption to substitute Nina Barone as the executor of the estate of Frank Barone, for Jean Barone as executor of the estate of Frank Barone.
Upon the papers filed in support of the motion, inter alia, to recall and vacate the decision and order on motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion to amend the caption and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to recall and vacate the decision and order on motion is denied; and it is further,
ORDERED that the motion to amend the caption is denied as academic.
BALKIN, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court