Motion List released on: April 30, 2019
By Rivera, J.P.; Cohen, Barros and Connolly, JJ.MATTER of Frank Moore, Jr., deceased. Eileen Kyne, petitioner-res, Michele Moore, respondent-appellant; Frank Moore III, res-res — (File No. 754/90) — 2018-12706MATTER of Frank Moore, Jr., deceased.Eileen Kyne, petitioner-respondent;Michele Moore, objectant-appellant;Frank Moore III, respondent-respondent.(File No. 754/90) Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a decree of the Surrogate’s Court, Suffolk County, dated July 17, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, and to consolidate that appeal with an appeal from an order of the same court dated June 29, 2018. Separate motion by the appellant, inter alia, in effect, to vacate the order dated June 29, 2018, and decree dated July 17, 2018, to extend the time to perfect the appeals, and to consolidate the appeals. Cross motion by the respondent-respondent to confirm that the appeal from the order dated June 29, 2018, was deemed dismissed pursuant to 22 NYCRR 1250.10(a), for an award of costs and an attorney’s fee, and to impose a sanction upon the appellant.Upon the papers filed in support of the motions and cross motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the decree dated July 17, 2018, is granted and the dismissal of the appeal from the decree pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,ORDERED that on the Court’s own motion, the appeal from the order dated June 29, 2018, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the decree dated July 17, 2018, in the above-entitled proceeding (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the decree; and it is further,ORDERED that the branches of the motions which are to consolidate the appeals are denied as academic; and it is further,ORDERED that the branches of the motions which are to extend the time to perfect the appeal from the decree are granted, the appellant’s time to perfect that appeal is extended until May 30, 2019, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated June 29, 2018, is denied as academic; and it is further,ORDERED that the motion, inter alia, in effect, to vacate the order dated June 29, 2018, and decree dated July 17, 2018, is otherwise denied; and it is further,ORDERED that the cross motion is denied.RIVERA, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.
