| Matter of Brion, deceased |
| Motion No: 2012-08131 |
| Slip Opinion No: 2012 NY Slip Op 92003(U) |
| Decided on November 29, 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
M147210
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-08131 In the Matter of Miguel Brion, deceased. John Brion, petitioner-respondent; Michael Brion, appellant, et al., respondent. (File No. 3983/11)
| DECISION & ORDER ON MOTION |
Appeal by Michael Brion from an order of the Surrogate's Court, Kings County, dated May 22, 2012.
On the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated May 22, 2012, is not appealable as of right and leave to appeal has not been granted (see CPLR 5701), and the order dated May 22, 2012, has been rendered academic by an order of the same court dated September 10, 2012.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court