Appellate Division: Second Judicial Department

M172865

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2014-02641, 2014-03412, 2014-03720 In the Matter of Louis A. Duplessis, decea Eleanor P. Alu, etc., appellant; Jennie Duplessis, respondent. (File No. 4060/10)

DECISION & ORDER ON MOTION sed.

Motion by the respondent for a preference in the calendaring of appeals from a decision of the Surrogate's Court, Suffolk County, dated December 23, 2013, and two decrees of the same court, both dated February 3, 2014, and to direct the appellant to perfect the appeals by a date certain.

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 (Appellate Division Docket No. 2014-02641) 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 branch of the motion which is for a preferences is granted to the extent that a preference is granted with respect to the appeals from the decrees, and those appeals will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to perfect the appeals by a date certain is granted to the extent that the appellant shall perfect the appeals from the decrees on or before June 17, 2014; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court