In re the Estate of Fotiades

Appellate Division of the Supreme Court of New York

In re the Estate of Fotiades

6 A.D.3d 612, 774 N.Y.S.2d 820

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 19, 2004

StatusPublished

Cited by2 cases

This text of 6 A.D.3d 612 (In re the Estate of Fotiades) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Fotiades, 6 A.D.3d 612, 774 N.Y.S.2d 820 (N.Y. Ct. App. 2004).

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Opinion

In a proceeding, inter alia, in effect, to invalidate two deeds, Daphne Fotiades appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Suffolk County (Braslow, S.), dated October 11, 2002, as, after a hearing, declared that the deeds dated July 28, 2000, and June 19, 2001, respectively, were void, and that the real property at issue was an asset of the decedent’s estate.

Ordered that the appeal is dismissed, with costs.

The appellant withdrew her objection to the petition, in effect, to invalidate two deeds, and the proceeding continued unopposed. No appeal lies from an order that was made without opposition (see Glickman v Sami, 149 AD2d 458 [1989], citing CPLR 5511). Such a matter is treated in the same matter as a [613]*613consent, or a default. The remedy in such a case is a motion to vacate the order pursuant to CPLR 5015 (see Glickman v Sami, supra, citing Tongue v Tongue, 97 AD2d 638 [1983], affd 61 NY2d 809 [1984]). Santucci, J.P., Florio, Schmidt and Mastro, JJ., concur.

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In a proceeding, inter alia, in effect, to invalidate two deeds, Daphne Fotiades appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Suffolk County (Braslow, S.), dated October 11, 2002, as, after a hearing, declared that the deeds dated July 28, 2000, and June 19, 2001, respectively, were void, and that the real property at issue was an asset of the decedent’s estate.

Ordered that the appeal is dismissed, with costs.

The appellant withdrew her objection to the petition, in effect, to invalidate two deeds, and the proceeding continued unopposed. No appeal lies from an order that was made without opposition (see Glickman v Sami, 149 AD2d 458 [1989], citing CPLR 5511). Such a matter is treated in the same matter as a [613]*613consent, or a default. The remedy in such a case is a motion to vacate the order pursuant to CPLR 5015 (see Glickman v Sami, supra, citing Tongue v Tongue, 97 AD2d 638 [1983], affd 61 NY2d 809 [1984]). Santucci, J.P., Florio, Schmidt and Mastro, JJ., concur.

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Bluebook (online)

6 A.D.3d 612, 774 N.Y.S.2d 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-fotiades-nyappdiv-2004.

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