| Matter of Fowler, deceased |
| Motion No: 2020-02790 |
| Slip Opinion No: 2021 NY Slip Op 69175(U) |
| Decided on July 21, 2021 |
| 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
M278238
E/sl
REINALDO E. RIVERA, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING, 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, inter alia, for a preference in the calendaring of the appeal. Cross motion by the respondent to cancel the notice of pendency and for an award of costs and an attorney's fee.
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 denied; and it is further,
ORDERED that the branch of the cross motion which is to cancel the notice of pendency is denied without prejudice to seeking appropriate relief in the Surrogate's Court, Queens County; and it is further,
ORDERED that the branch of the cross motion which is for an award of costs and an attorney's fee is denied.
RIVERA, J.P., BARROS, BRATHWAITE NELSON and DOWLING, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court