Matter of Ciraolo (Whitey Produce Co., Inc.)
2007 NY Slip Op 01111 [37 AD3d 460]
February 6, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


In the Matter of David J. Ciraolo, Respondent. Whitey Produce Co., Inc., et al., Appellants.

—[*1] Borchert, Genovesi, LaSpina & Landicino, P.C., Whitestone, N.Y. (Anthony J. Genovesi, Jr., of counsel), for appellants.

Blank Rome LLP, New York, N.Y. (Edward L. Sadowsky and Cynthia B. Lovinger of counsel), for respondent.

In a proceeding, inter alia, pursuant to SCPA 2103 to discover property and information withheld from the estate of Caroline Ciraolo, Whitey Produce Co., Inc., and Dorothea J. Ciraolo, as executrix of the estate of Charles J. Ciraolo, Sr., appeal from an order of the Surrogate's Court, Kings County (Feinberg, S.), dated November 10, 2004, which denied their cross motion for summary judgment dismissing the petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In light of our determination on the related appeal (see Matter of Ciraolo, 37 AD3d 461 [2007]), the instant appeal has been rendered academic. Rivera, J.P., Krausman, Goldstein and Lunn, JJ., concur.