In re the Estate of Gavrin
Opinion of the Court
—Appeal from order, Supreme Court, New York County (Beatrice Shainswit, J.), entered August 3, 1999, upon application of one cocommittee person (herein respondent) and the default of the other two cocommittee persons (herein appellants), approving and settling the committee’s final accounting of the deceased incompetent person’s estate and directing distribution of its assets, unanimously dismissed, without costs. Judgment, Supreme Court, New York County (Stanley Parness, J.), entered March 16, 2001, directing distribution of the decedent’s assets, and bringing up for review an order, same court (Beatrice Shainswit, J.), entered December 6, 2000, which, inter alia, deemed appellants’ cross motion to renew or reargue the August 3, 1999 order as a motion to vacate appellants’ default on that order, and, so considered, denied the motion, unanimously affirmed, without costs. Appeal from the order entered December 6, 2000, unanimously dismissed, without costs, as untimely and as subsumed in the appeal from the judgment.
The appeal from the August 3, 1999 order must be dismissed as no appeal lies from an order entered on default (CPLR 5511). Appellants’ cross motion to renew or reargue that order was properly deemed one to vacate their default (cf., Matter of Greene v Lombardi, 262 AD2d 35), and properly denied for failure to show a reasonable excuse for the default (see, Dimitratos v City of New York, 180 AD2d 414). Appellants attribute the default to the death of an attorney who represented them as committee persons for the decedent, but do not explain why
Case-law data current through December 31, 2025. Source: CourtListener bulk data.