Matter of Gucu, deceased
Motion No: 2007-05172
Slip Opinion No: 2007 NYSlipOp 85766(U)
Decided on December 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M63430

S/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2007-05172

In the Matter of Juliana Gucu, deceased.

John Gucu Roberts, appellant; Viorika Anka,

respondent.

(File No. 4518/96)

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 a decision of the Surrogate's Court, Queens County, dated April 24, 2007.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the appeal 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 application to enlarge time is denied as academic.

CRANE, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court