Matter of Hershkowitz

Matter of Hershkowitz 2012 NY Slip Op 06954 Decided on October 17, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
ARIEL E. BELEN
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
2011-06275

[*1]In the Matter of Cheryl Hershkowitz, deceased. George Hershkowitz, etc., appellant; White House Owners Corp., et al., respondents; Angela Yakutilova, proposed petitioner/plaintiff. (File No. 352576) Lionel Alan Marks, New York, N.Y., for appellant and proposed petitioner/plaintiff.




Abrams Garfinkel Matgolis Bergson, LLP, New York, N.Y. (Robert
J. Bergson and Andrew W. Gefell of counsel), for respondents.


DECISION & ORDER

In a proceeding for the administration of a decedent's estate in which George Hershkowitz, the administrator of the estate of Cheryl Hershkowitz, commenced a hybrid proceeding, inter alia, to compel the respondents/defendants, White House Owners Corp. and the Board of Directors of White House Owners Corp., to approve a certain "short sale" contract, and action for, among other things, declaratory and injunctive relief, George Hershkowitz, the administrator of the estate of Cheryl Hershkowitz, appeals, as limited by his brief, from stated portions of an order of the Surrogate's Court, Nassau County (McCarty III, S.), dated May 5, 2011, which, inter alia, denied his motion for summary judgment on the first and second causes of action.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order dated May 5, 2011, must be dismissed because the portions of the order appealed from were superseded by an order of the same court dated September 13, 2011, made upon reargument and renewal (see Matter of Hershkowitz,AD3d [Appellate Division Docket No. 2011-09847; decided herewith]).
ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court