Matter of Mehring, deceased; Einhorn, Kathr
Motion No: 2006-04187
Slip Opinion No: 2006 NYSlipOp 68925(U)
Decided on May 17, 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

M39758

C/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2006-04187

In the Matter of Claire Mehring, deceased.

Kathryn Einhorn, respondent; Maureen

Curran, appellant.

(File No. 1837-P-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from a decision of the Surrogate's Court, Suffolk County, dated April 27, 2006, and to stay the enforcement of the decision 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 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 as academic.

FLORIO, J.P., KRAUSMAN, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court