Matter of O. (Anonymous) Nicholas
Motion No: 2021-08185
Slip Opinion No: 2021 NY Slip Op 74315(U)
Decided on November 15, 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

M279653

E/mb

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2021-08185

In the Matter of Nicholas O. (Anonymous).

Roberto Diego Velazquez, petitioner;

Michael O. (Anonymous), et al., nonparties.

(File No. 698/2001, 866A/2005)

DECISION & ORDER ON MOTION

Motion by Michael O. and Shirmine O. pursuant to CPLR 5520(a) to deem a notice of appeal from a decision of the Surrogate's Court, Kings County, dated September 10, 2019, which was timely served, to be timely filed or, in the alternative, to deem the notice of appeal timely filed nunc pro tunc, and, in effect, to extend the time to perfect that appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

HINDS-RADIX, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court