Matter of Kalikow, deceased
Motion No: 2007-06290
Slip Opinion No: 2008 NYSlipOp 69439(U)
Decided on April 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69229

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-06290, 2007-06291

In the Matter of Pearl B. Kalikow, deceased.

Eugene Shalik, appellant; Edward M. Kalikow,

et al., respondents.

(File No. 340361)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an arbitration proceeding between the parties pending hearing and determination of appeals from a decision of the Surrogate's Court, Kings County, dated March 20, 2007, and an order of the same court dated March 29, 2007.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal from the decision dated March 20, 2007 (Appellate Division Docket No. 2007-06290), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509).

MILLER, J.P., DILLON, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court