| Matter of Fizzinoglia deceased |
| Motion No: 2012-04602 |
| Slip Opinion No: 2012 NY Slip Op 86084(U) |
| Decided on October 2, 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. |
Appellate Division: Second Judicial Department
M144407
E/ct
RANDALL T. ENG, P. J.
ANITA R. FLORIO
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2012-04602, 2012-08869, 2012-08870 In the Matter of Anthony Frank Fizzinoglia, etc., deceased. Josephine Fizzinoglia, etc., appellant; Frank Fizzinoglia, respondent. (File No. 242/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Surrogate's Court, Putnam County, dated March 2, 2012, and July 26, 2012, respectively, and a decree of the same court dated August 10, 2012, to stay enforcement of the order dated July 26, 2012, and the decree dated August 10, 2012, pending hearing and determination of the appeals.
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 appeals from the orders (Appellate Division Docket No. 2012-04602, 2012-08869) are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the decree (see Matter of Aho, 39 NY2d 241), and the issues raised on the appeal from the orders are brought up for review on the appeal from the decree; and it is further,
ORDERED that the motion is denied.
ENG, P. J., FLORIO, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court