Schimoler v Newman
Motion No: 2017-01304
Slip Opinion No: 2019 NY Slip Op 86031(U)
Decided on December 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M268134

kbp/

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2017-01304

William F. Schimoler, et al., appellants,

v Phyllis Newman, etc., et al., respondents,

et al., defendants.

(Action No. 1)

Phyllis Newman, etc., respondent,

v Sheila M. O'Neill, et al., appellants.

(Action No. 2)

(File Nos. 2013-2269E, 2013-2269D)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Surrogate's Court, Kings County, dated December 22, 2016, which was determined by decision and order of this Court dated August 28, 2019, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

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.

SCHEINKMAN, P.J., AUSTIN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court