| Matter of Gaffney, deceased |
| Motion No: 2025-03961 |
| Slip Opinion No: 2026 NY Slip Op 63549(U) |
| Decided on March 4, 2026 |
| 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
M311544
ECQ/
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
PHILLIP HOM, JJ.
|
2025-03961 In the Matter of Jeremiah C. Gaffney, Jr., deceased. Jonathan Gaffney, petitioner-respondent; Mary E. Jones, etc., respondent-appellant. (File No. 2705/1996)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Queens County, dated March 27, 2025, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to vacate a stay granted by decision and order on motion of this Court dated May 23, 2025. Separate motion by the respondent to dismiss the appeal for failure to timely perfect the appeal. Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, is denied; and it is further,
ORDERED that the motion by the respondent to vacate a stay granted by decision and order on motion of this Court dated May 23, 2025, is granted and the stay granted by decision and order on motion of this Court dated May 23, 2025, is vacated; and it is further,
ORDERED that the motion by the respondent to dismiss the appeal for failure to timely perfect the appeal and the branch of the motion by the appellant which is to extend the time to perfect the appeal are denied as academic.
DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court