Matter of Virgil, deceased
Motion No: 2023-03788
Slip Opinion No: 2024 NY Slip Op 73485(U)
Decided on August 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298869

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2023-03788

In the Matter of Leslie Virgil, deceased.

Leonard Sutherland, petitioner-appellant;

Viki Greene, objectant-respondent.

(File No. 2955/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated March 22, 2023. Motion by the appellant, inter alia, for leave to appeal to this Court from the order. By decision and order on motion of this Court dated November 8, 2023, the branch of the motion which is for leave to appeal to this Court was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellant has not perfected the appeal, and the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

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 branch of the motion which is for leave to appeal to this Court is denied as academic.

CONNOLLY, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court