Matter of Hart, deceased
Motion No: 2009-06674
Slip Opinion No: 2009 NY Slip Op 79308(U)
Decided on July 29, 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

M90056

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-06674

In the Matter of Vincent Hart, a/k/a

Vincent C. Hart, deceased.

Thomas Holahan, appellant; Maria

Bonet, respondent.

(File No. 343390)

DECISION & ORDER ON MOTION

Appeal by Thomas Holahan from an order of the Surrogate's Court, Nassau County, dated July 2, 2009.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

RIVERA, J.P., ENG, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court