Matter of Schmidt, deceased
Motion No: 2017-13085
Slip Opinion No: 2021 NY Slip Op 72613(U)
Decided on October 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M279432

MB/

REINALDO E. RIVERA, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-13085

In the Matter of John G. Schmidt, deceased.

Barbara M. Capone, respondent; John Schmidt,

Jr., appellant.

(File No. 357862)

DECISION & ORDER ON MOTION

Appeal from a decree of the Surrogate's Court, Nassau County, dated October 17, 2017, which was determined by decision and order of this Court dated May 5, 2021. Motion by the appellant for leave to reargue the appeal, 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.

RIVERA, J.P., DILLON, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court