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Miller v. Gibson (In re Rakow)

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jul 23, 2013
2013 N.Y. Slip Op. 80540 (N.Y. App. Div. 2013)

Opinion

2012-08568 File No. 250/09 M159764

07-23-2013

In the Matter of Lois M. Rakow, deceased. Edwin Miller, petitioner-respondent; v. Lois Gibson, et al., appellants; Susan G. Komen Breast Cancer Foundation, respondent- respondent; et al., respondent.


, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 27, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the petitioner-respondent to dismiss an appeal from a decree of the Surrogate's Court, Suffolk County, dated July 16, 2012, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.

RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Miller v. Gibson (In re Rakow)

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jul 23, 2013
2013 N.Y. Slip Op. 80540 (N.Y. App. Div. 2013)
Case details for

Miller v. Gibson (In re Rakow)

Case Details

Full title:In the Matter of Lois M. Rakow, deceased. Edwin Miller…

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jul 23, 2013

Citations

2013 N.Y. Slip Op. 80540 (N.Y. App. Div. 2013)