| Matter of Fotiades, deceased |
| Motion No: 2006-09002 |
| Slip Opinion No: 2007 NYSlipOp 65553(U) |
| Decided on March 20, 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
M52353
E/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2006-09002 In the Matter of Joan Marie Fotiades, deceased. Gregory Fotiades, respondent; Daphne Fotiades, appellant. (File No. 519 A 2001)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated August 29, 2006.
Upon the papers filed in support of the application and no papers having been 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 as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the application is denied as academic.
CRANE, J.P., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court