Matter of D. (Anonymous), Alice
Motion No: 2012-06972
Slip Opinion No: 2012 NY Slip Op 81708(U)
Decided on August 16, 2012
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

M142300

E/ct

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-06972

In the Matter of Alice D. (Anonymous).

Edward G. Bailey, et al., appellants;

Matthew Lupoli, etc., et al., respondents.

(Index No. 5920/01)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the filing of a final accounting in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Kings County, dated May 18, 2012.

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 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 motion is denied as academic.

LEVENTHAL, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court