| Matter of Kapchan, deceased |
| Motion No: 2011-06711 |
| Slip Opinion No: 2011 NY Slip Op 87049(U) |
| Decided on October 19, 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
M127491
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
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2011-06711, 2011-06713, 2011-06714, 2011-06716 In the Matter of Zelda K. Kapchan, deceased. Jordan Kapchan, appellant; Brian Kapchan, respondent. (File No. 353190)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent from disbursing certain funds deposited at HSBC Bank USA, N.A., pending hearing and determination of appeals from a decree of the Surrogate's Court, Nassau County, dated March 3, 2011, two orders of the same court dated March 2, 2011, and May 26, 2011, respectively, and a decision of the same court dated December 9, 2010.
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 decision dated December 9, 2010 (Appellate Division Docket No. 2011-06711), 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 from the order dated March 2, 2011 (Appellate Division Docket No. 2011-06713), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court