Appellate Division: Second Judicial Department

M83416

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-08462, 2009-01869 In the Matter of Lester Feinne, deceased. Lila Feinne, petitioner-respondent; Intercounty Associates, respondent-respondent; New York State Department of Taxation and Finance, appellant. (File No. 554/85)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Surrogate's Court, Suffolk County, dated July 30, 2007, and August 29, 2007, respectively, and for leave to submit the appeal from the order dated August 29, 2007, on the papers filed in connection with the order dated July 30, 2007, and to rely on the oral argument on the appeal from the order dated July 30, 2007 (Appellate Division Docket No. 2007-08462), which occurred on February 6, 2009. Cross motion by the petitioner-respondent to dismiss the appeal from the order dated August 29, 2007.

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

ORDERED that on the court's own motion, the appeal from the order dated August 29, 2007 (Appellate Division Docket No. 2009-01869), 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 motion and cross motion are denied as academic.

RIVERA, J.P., FLORIO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court