Opinion
2012-06432 File No. 519/01 M154884
04-18-2013
In the Matter of Joan Marie Fotiades, deceased. Daphne Fotiades, appellant; v. Gregory Fotiades, respondent.
, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated May 31, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the intermediate order dated May 31, 2012, terminated upon entry of the final decree dated December 14, 2012, in the above-entitled proceeding (see Matter of Carvel, 97 AD3d 571; see also Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court