| Matter of Levitan, deceased |
| Motion No: 2014-05158 |
| Slip Opinion No: 2014 NY Slip Op 74432(U) |
| Decided on June 9, 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
M175445
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JOSEPH J. MALTESE, JJ.
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2014-05158, 2014-05160 In the Matter of George Levitan, deceased. Gary Levitan, petitioner-appellant; Sydelle Levitan, respondent-respondent. (File No. 371800/12)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-appellant, inter alia, to enjoin the trustees of the estate of George Levitan from withdrawing, transferring, removing, disbursing and/or encumbering certain trust assets pending hearing and determination of appeals from a decision of the Surrogate's Court, Nassau County, dated March 31, 2014, and an order and decree (one paper) of the same court dated April 24, 2014.
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. 2014-05160) 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.
RIVERA, J.P., HALL, AUSTIN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court