Opinion
Motion No. 2022-08819 Index No. 1198/2019
03-06-2024
In the Matter of Thomas Mazza, deceased. Joseph Mazza, nonparty-appellant; Catherine Kelly, nonparty-respondent.
Unpublished Opinion
MOTION DECISION
M294669
BETSY BARROS, J.P., WILLIAM G. FORD, JANICE A. TAYLOR, LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal from a decree of the Surrogate's Court, Richmond County, dated July 7, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant to stay enforcement of the decree and the sale of the subject property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to vacate the dismissal of the appeal is denied; and it is further, ORDERED that the motion to stay enforcement of the decree and the sale of the subject property is denied as academic.
BARROS, J.P., FORD, TAYLOR and VENTURA, JJ., concur.