Matter of Kreisberg, deceased; Propp Lubell & Lapidus, LLP
Motion No: 2006-03672 +1
Slip Opinion No: 2006 NYSlipOp 68782(U)
Decided on May 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39639

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-03672, 2006-03878

In the Matter of Charles M. Kreisberg, deceased.

Propp Lubell & Lapidus, LLP, appellant;

United Jewish Appeal-Federation of Jewish

Philanthropies of New York, Inc., et al.,

respondents.

(File No. 1257-P98)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Surrogate's Court, Suffolk County, dated February 6, 2006, and a decree of the same court dated March 6, 2006, in effect, to stay enforcement of so much of the decree as directed payment of the balance of the estate's assets to the respondent United Jewish Appeal-Federation of Jewish Philanthropies of New York, Inc., pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from the decision (Appellate Division Docket No. 2006-03672) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court