| Matter of Miller v Overton |
| Motion No: 2013-05744 |
| Slip Opinion No: 2013 NY Slip Op 94990(U) |
| Decided on December 23, 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. |
Appellate Division: Second Judicial Department
M166801
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2013-05744 In the Matter of Mary I. Miller, et al., appellants, v Fred Overton, et al., respondents-respondents, et al., respondents. (Index No. 12871/12)
| DECISION & ORDER ON MOTION |
Appeal by the petitioners from an order of the Supreme Court, Suffolk County, dated April 1, 2013. By order to show cause dated November 7, 2013, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated April 2, 2013, is not appealable as of right and leave to appeal has not been granted.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b][1]).
RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court