| Matter of Kelligrew, deceased |
| Motion No: 2006-09192 |
| Slip Opinion No: 2007 NYSlipOp 62362(U) |
| Decided on February 1, 2007 |
| 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
M50304
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-09192 In the Matter of Sydna M. Kelligrew, a/k/a Sydna Marcus Kelligrew, deceased. John R. Kelligrew, respondent; Alicia Kelligrew, et al., appellants. (File No. 2186/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to substitute a certain order of the Surrogate's Court, Westchester County, dated August 31, 2006, which determined the admissibility of certain evidence at trial for another order of the Surrogate's Court, Westchester County, dated August 31, 2006, which was attached to the notice of appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that the order dated August 31, 2006, which determined the admissibility of certain evidence at trial is not appealable (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600).
RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court