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In re Stewart

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 2008
50 A.D.3d 809 (N.Y. App. Div. 2008)

Opinion

No. 2007-03380.

April 8, 2008.

In a proceeding, inter alia, to revoke letters of administration issued to the Public Administrator of Nassau County for the estate of Arthur Willie Stewart, the petitioner appeals from a decree of the Surrogate's Court, Nassau County (Riordan, S.), dated March 6, 2007, which, upon the granting of the application of the respondent Public Administrator of Nassau County to dismiss the petition upon her default in appearing at a court-ordered conference, dismissed the petition.

William D. Friedman, Hempstead, N.Y., for appellant.

Brosnan Hegler, LLP, Garden City, N.Y. (Mark J. Brosnan and Michael J. Brescia of counsel), for respondent Public Administrator of Nassau County.

Before: Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ.


Ordered that the appeal is dismissed, with costs.

Since the decree dismissing the petition was entered upon the petitioner's default in appearing at a court-ordered conference, it is not appealable ( see CPLR 5511; Matter of Joseph Kenneth B., 47 AD3d 809; Matter of Jaiyeola-Akintunde J., 8 AD3d 281; Matter of Vanessa M., 263 AD2d 542, 543).


Summaries of

In re Stewart

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 2008
50 A.D.3d 809 (N.Y. App. Div. 2008)
Case details for

In re Stewart

Case Details

Full title:In the Matter of the Estate of ARTHUR WILLIE STEWART, Deceased. DOREEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 2008

Citations

50 A.D.3d 809 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3228
854 N.Y.S.2d 658