| Matter of Celentano, deceased |
| Motion No: 2014-01299 |
| Slip Opinion No: 2014 NY Slip Op 71642(U) |
| Decided on May 8, 2014 |
| 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
M173095
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2014-01299
In the Matter of Rose M. Celentano, decea Leonard Marciante, petitioner-appellant-re Rosemarie Pantangelo, et al., respondents- appellants; Vincent Marciante, respondent (Appeal No. 1) 2014-01804 In the Matter of Rose M. Celentano, decea Leonard Marciante, petitioner-respondent; Rosemarie Pantangelo, et al., respondents- Vincent Marciante, respondent-respondent (Appeal No. 2) (File No. 335284)
| ORDER TO SHOW CAUSE sed. spondent; respondents- -respondent. sed. appellants; . |
Application by the appellant-respondent in Appeal No. 1 pursuant to 22 NYCRR 670.8(d)(2), on an appeal and cross appeal from a decision of the Surrogate's Court, Nassau County, dated September 30, 2013, and an appeal from an order of the same court dated August 30, 2012, to enlarge the time to perfect the appeal and cross appeal from the decision.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal from the decision under Appellate Division Docket No. 2014-1299, 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 parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order (Appellate Division Docket No. 2014-01804), on the ground that the order is not appealable as of right as it is not the result of a motion made on notice, and leave to appeal has not been obtained (see CPLR 5701), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before May 23, 2014: and it is further,
ORDERED that the application is denied as academic; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties by regular mail.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court