Opinion
Motion No: 2011-01922 File No. 519A2001 M124769
08-19-2011
In the Matter of Joan Marie Fotiades, also known as Esther Fotiades, deceased. Gregory W. Fotiades, respondent; v. Daphne Fotiades, appellant.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
ORDERED, that on the Court's own motion, the decision and order on application dated August 17, 2011, in the above-entitled appeal is recalled and vacated and the following order is substituted therefor:
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated December 6, 2010, or to withdraw the appeal in the event that the order is not appealable as of right.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is to withdraw the appeal is granted, and the appeal is marked withdrawn; and it is further,
ORDERED that the application is otherwise denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court