Matter of Terrone, deceased
Motion No: 2013-01676
Slip Opinion No: 2013 NY Slip Op 67803(U)
Decided on March 19, 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

M153159

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2013-01676

In the Matter of Michael Terrone, also known

as Michael G. Terrone, deceased.

Ursula A. Gangemi, appellant; Gillian

Terrone, etc., respondent.

(File No. 3988/12)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for summary reversal on an appeal from a decision of the Surrogate's Court, Kings County, dated November 9, 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 from the decision 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.

DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court