IN RE: Anthony PERRICONE (2026)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Anthony PERRICONE, deceased. Carrieann Perricone, etc., Appellant; v. Alexandra Perricone, Respondent.

2022–00428

Decided: July 22, 2026

FRANCESCA E. CONNOLLY, J.P., VALERIE BRATHWAITE NELSON, BARRY E. WARHIT, ELENA GOLDBERG VELAZQUEZ, JJ.

Lorenzo DeLuca, Staten Island, NY, for appellant. Levine Haddad & Gregory, P.C., New York, N.Y. (Peter Nichols of counsel), for respondents.

DECISION & ORDER

In a proceeding, inter alia, to impose a constructive trust, the petitioner appeals from an order of the Surrogate's Court, Richmond County (Matthew J. Titone, S.), dated January 14, 2022. The order, inter alia, denied that branch of the petition which was to impose a constructive trust on the retirement accounts of the decedent Anthony Perricone.

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

The appeal from the order dated January 14, 2022, must be dismissed because that order was superseded by an order dated May 10, 2022, made upon renewal (see Matter of Perricone, ––– AD3d –––– [Appellate Division Docket No. 2022–04444; decided herewith]; Matter of Kohn, 144 AD3d 684).

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.

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