Matter of Brion, deceased
Motion No: 2012-10092
Slip Opinion No: 2013 NY Slip Op 60344(U)
Decided on January 7, 2013
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

M149165

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2012-10092

In the Matter of Miguel Brion, deceased.

Juan Brion, respondent; Michael Brion, appellant.

(File No. 3983/11)

DECISION & ORDER ON MOTION

Appeal by Michael Brion from an order of the Surrogate's Court, Kings County, dated September 12, 2012.

On the Court's own motion, it is

ORDERED that the appeal 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.

SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court