Opinion
2020-02790 File 4419A/2016
07-21-2021
In the Matter of Ruthie Mae Fowler, etc., deceased. Emma Frazier, et al., respondents; Elizabeth Fowler, appellant.
M278238 E/sl
REINALDO E. RIVERA, J.P., BETSY BARROS, VALERIE BRATHWAITE, NELSON DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Surrogate's Court, Queens County, dated February 6, 2020. Motion by the appellant, inter alia, for a preference in the calendaring of the appeal. Cross motion by the respondent to cancel the notice of pendency and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further, ORDERED that the branch of the cross motion which is to cancel the notice of pendency is denied without prejudice to seeking appropriate relief in the Surrogate's Court, Queens County; and it is further, ORDERED that the branch of the cross motion which is for an award of costs and an attorney's fee is denied.
RIVERA, J.P., BARROS, BRATHWAITE NELSON and DOWLING, JJ., concur.