Matter of Cyngiel, deceased
Motion No: 2013-01095
Slip Opinion No: 2013 NY Slip Op 91309(U)
Decided on November 14, 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

M165178

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-01095

In the Matter of Shlomo Cyngiel, deceased.

Mordechai Cyngiel, petitioner-appellant;

Rima Krigsman, etc., objectant-respondent.

(File No. 773/03)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to enlarge the time to perfect an appeal from a decision of the Surrogate's Court, Kings County, dated November 30, 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.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court