Opinion
2012-08330 File No. 4601/08 M145735
11-01-2012
In the Matter of Ruth Moskowitz, deceased. Zayda Sanchez-Tannenbaum, et al., petitioners- respondents; Joanne Flaster, et al., respondent- respondent; Kenya White, appellant.
, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute an appeal from a decree of the Surrogate's Court, Kings County, dated June 13, 2012, as a poor person, including leave to prosecute the appeal on the original record, and, in effect, for summary reversal. Application by the petitioners-respondents to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied without prejudice to making a motion for that relief (see CPLR 8022[b]).
SKELOS, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court