Appellate Division: Second Judicial Department

M174370

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-01812, 2014-01813 In the Matter of Marjorie T. Walton, etc., d Patricia Walton, petitioner; Cheryl McNeil respondents-respondents; James E. Siegel PLLC, nonparty-appellant. (File No. 1258/05)

DECISION & ORDER ON MOTION eceased. , et al., & Associates,

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Surrogate's Court, Queens County, dated July 15, 2013, and an order of the same court dated August 26, 2013.

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 (Appellate Division Docket No. 2014-01812) 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 on the Court's own motion, the appeal from the order (Appellate Division Docket No. 2014-01813) is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the application is denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court