Matter of Rosenberg, deceased; Bassey, Joan R.
Motion No: 2005-11906
Slip Opinion No: 2006 NYSlipOp 70480(U)
Decided on June 16, 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

M40951

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-11906

In the Matter of L. Richard Rosenberg, deceased.

Joan R. Bassey, respondent-appellant; Julie E.

Rosenberg, et al., appellants-respondents.

(File No. 85973)

DECISION & ORDER ON MOTION

Appeal by Julie E. Rosenberg and Leslie M. Rosenberg, and cross appeal by Joan R. Bassey, from an order of the Surrogate's Court, Dutchess County, dated November 7, 2005.

Now, upon the court's own motion, it is

ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[a][2]).

MILLER, J.P., ADAMS, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court