| Matter of Morris, deceased |
| Motion No: 2007-07327 |
| Slip Opinion No: 2008 NYSlipOp 66891(U) |
| Decided on March 19, 2008 |
| 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
M65398
J/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2007-07327 In the Matter of Phyllis Morris, deceased. Herman A. Thomas, respondent; Jacqueline Morris, et al., appellants. (File No. 3565/06)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Surrogate's Court, Kings County, dated May 11, 2007.
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court