| Matter of Pfeffer, deceased |
| Motion No: 2020-01935 |
| Slip Opinion No: 2020 NY Slip Op 74691(U) |
| Decided on November 13, 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
M273883
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
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2020-01935 In the Matter of Evelyn Newman Pfeffer, deceased. Barbara Billauer, petitioner-respondent; Mitchell Pfeffer, respondent-appellant. (File No. 380925F/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Nassau County, dated October 29, 2019. Motion by the respondent-appellant, in effect, to hold the appeal in abeyance pending determination of related appeals or, in the alternative, to extend the time to perfect the appeal. Cross motion by the petitioner-respondent to dismiss the appeal on the ground that it has been rendered academic, to impose a sanction upon the respondent-appellant, and for an award of costs.
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 branch of the cross motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., CHAMBERS, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court