| Matter of Gormely, Deceased |
| Motion No: 2006-01149 |
| Slip Opinion No: 2006 NYSlipOp 65443(U) |
| Decided on March 22, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37563
Y/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2006-01149
In the Matter of Allen Gormely, deceased. Allen Gormely, Jr., appellant; Eleanor Barrack, respondent. (File No. 241/00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel |
Motion by the appellant for leave to prosecute an appeal from a decision of the Surrogate's Court, Kings County, dated December 22, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d509); and it is further,
ORDERED that the motion is denied as academic.
KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court