Matter of Apostolidis, 2023 NY Slip Op 04588 [219 AD3d 1334]

September 13, 2023

Appellate Division, Second Department

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In the Matter of Konstantinos Apostolidis, Deceased. Coalition of Landlords, Homeowners and Merchants, Inc., et al., Appellants. Judith N. Berger, Nonparty Appellant. Estate of Konstantinos Apostolidis, Respondent.

Judith N. Berger, Lindenhurst, NY, nonparty appellant pro se and for appellants.

In a probate proceeding in which the Coalition of Landlords, Homeowners and Merchants, Inc., and Paul Palmieri petitioned pursuant to SCPA 1809 to determine the validity of a claim against the estate of Konstantinos Apostolidis, the Coalition of Landlords, Homeowners and Merchants, Inc., Paul Palmieri, and nonparty Judith N. Berger appeal from an order of the Surrogate’s Court, Suffolk County (Theresa Whelan, S.), dated October 28, 2021. The order imposed a sanction upon nonparty Judith N. Berger in the sum of $1,000, to be paid within 30 days of the date of the order.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In light of our determination on a related appeal ( Matter of Apostolidis , 219 AD3d 1331 [2d Dept 2023] [decided herewith], we dismiss the appeal as academic. Connolly, J.P., Genovesi, Ford and Wan, JJ., concur..