| Matter of Elmezzi, deceased |
| Motion No: 2011-01405 |
| Slip Opinion No: 2011 NY Slip Op 65355(U) |
| Decided on February 28, 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
M116164
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2011-01405, 2011-01406 In the Matter of Thomas Elmezzi, deceased. Stephen J. Saft, et al., respondents; Enrique C. Molina, appellant. (File No. 339363)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Surrogate's Court, Nassau County, dated November 19, 2010, and February 1, 2011, respectively, and to stay certain depositions, pending hearing and determination of appeals from the orders.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated February 1, 2011 (Appellate Division Docket No. 2011-01406), 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 is denied.
RIVERA, J.P., DILLON, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court