Matter of Feinrider, deceased
Motion No: 2008-05428
Slip Opinion No: 2009 NYSlipOp 66213(U)
Decided on March 11, 2009
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

M83466

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-05428

In the Matter of Esther Feinrider, deceased.

Nancy Feinrider, respondent; Harvey Feinrider,

et al., appellants.

(File No. 2501/06)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a decision of the Surrogate's Court, Queens County, dated May 2, 2008, to dismiss the appeal of Harvey Feinrider on the ground that no appeal lies from a decision.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appeal of Harvey Feinrider is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that on the court's own motion, the appeal of Judith Feinrider is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509).

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court