| Matter of Cassini, deceased |
| Motion No: 2022-01317 |
| Slip Opinion No: 2023 NY Slip Op 68229(U) |
| Decided on June 7, 2023 |
| 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
M289397
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
HELEN VOUTSINAS, JJ.
|
2022-01317 In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, appellant; Alexandre Cassini Belmont, etc., et al., objectants-respondents; Rosalia Baiamonte, etc., nonparty-respondent. (File No. 343100)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Nassau County, dated December 15, 2021. Motion by the respondents to dismiss the appeal as untimely taken and on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party is granted (see CPLR 5511), and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
DUFFY, J.P., CHRISTOPHER, FORD and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court