| Matter of Droz, deceased |
| Motion No: 2023-12375 |
| Slip Opinion No: 2025 NY Slip Op 64189(U) |
| Decided on March 7, 2025 |
| 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
M303457
ID/
LARA J. GENOVESI, J.P.
WILLIAM G. FORD
LILLIAN WAN
JAMES P. MCCORMACK, JJ.
|
2023-12375 In the Matter of Maria E. Droz, deceased. Juan Selas, appellant; Rene Isaias Cespedes Oliver, etc., respondent. (File No. 4004/2015) | DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 28, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Surrogate's Court, Kings County, dated December 8, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal for failure to timely perfect. Motion by the appellant, inter alia, in effect, for summary reversal of the order dated December 8, 2023. Separate motion by the appellant, inter alia, for an award of attorney's fees. Separate motion by the appellant to disqualify counsel for the respondent.
Upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motions by the appellant and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are denied as academic.
GENOVESI, J.P., FORD, WAN and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court