| Matter of Mazza, deceased |
| Motion No: 2022-08819 |
| Slip Opinion No: 2024 NY Slip Op 63496(U) |
| Decided on March 6, 2024 |
| 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
M294669
AFA/
BETSY BARROS, J.P.
WILLIAM G. FORD
JANICE A. TAYLOR
LOURDES M. VENTURA, JJ.
|
2022-08819 In the Matter of Thomas Mazza, deceased. Joseph Mazza, nonparty-appellant; Catherine Kelly, nonparty-respondent. (Index No. 1198/2019)
| DECISION & ORDER ON MOTION |
Appeal from a decree of the Surrogate's Court, Richmond County, dated July 7, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant to stay enforcement of the decree and the sale of the subject property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the motion to stay enforcement of the decree and the sale of the subject property is denied as academic.
BARROS, J.P., FORD, TAYLOR and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court