| Matter of Gershenson, deceased |
| Motion No: 2010-09319 |
| Slip Opinion No: 2011 NY Slip Op 64858(U) |
| Decided on February 22, 2011 |
| 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
M115932
T/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2010-09319, 2010-11055 In the Matter of Ira L. Gershenson, deceased. Claudia Grosso, et al., appellants; Deborah Radice, respondent. (File No. 2004-3938/C)
| DECISION & ORDER ON MOTION |
Application by the appellants on appeals from a decision of the Surrogate's Court, Queens County, dated August 30, 2010, and an order of the same court dated October 14, 2010, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the decision dated August 30, 2010.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision dated August 30, 2010, 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 the application is denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court