| Matter of Fowler, deceased |
| Motion No: 2020-02790 |
| Slip Opinion No: 2020 NY Slip Op 68820(U) |
| Decided on July 15, 2020 |
| 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
M271883
E/sl
ALAN D. SCHEINKMAN, P.J.
LEONARD B. AUSTIN
ANGELA G. IANNACCI
PAUL WOOTEN, JJ.
|
2020-02790 In the Matter of Ruthie Mae Fowler, etc., deceased. Emma Frazier, et al., respondents; Elizabeth Fowler, appellant. (File No. 4419A/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Queens County, dated February 6, 2020. Motion by the appellant to waive certification of the record or the appellant's appendix pursuant to 22 NYCRR 1250.7(g). Cross motion by the respondent to dismiss the appeal on the ground that the issues sought to be raised by the appellant are not properly before the Court on the appeal from the order dated February 6, 2020.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the cross motion is denied.
SCHEINKMAN, P.J., AUSTIN, IANNACCI and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court