Appellate Division: Second Judicial Department

M49343

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-06835, 2006-08829 In the Matter of Jack Robinson, deceased. James E. Robinson, appellant; Louis A. Robinson, respondent. (File No. 1996-861)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from a decision of the Surrogate's Court, Queens County, dated June 16, 2006, and a decree of the same court dated August 1, 2006, on the original papers.

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 from the decision (Appellate Division Docket No. 2006-06835), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is granted to the extent that the appeal from the decree (Appellate Division Docket No. 2006-08829) will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other, and the motion is otherwise denied as academic.

CRANE, J.P., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court