Appellate Division: Second Judicial Department

M180306

J/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-07604, 2014-07635, 2014-08180, 2014-08257 In the Matter of Philip Mestman, deceased. Anna Marie Magliocca, et al., petitioners-respondent Cathy Mestman, objectant-appellant. (Appeal No. 1) In the Matter of Philip Mestman, deceased. Anna Marie Magliocca, et al., petitioners; Cathy Mestman, objectant-appellant. (Appeal No. 2) In the Matter of Philip Mestman, deceased. Anna Marie Magliocca, et al., petitioners; Cathy Mestman, objectant-appellant; Ellen Baker, nonparty-respondent. (Appeal No. 3) In the Matter of Philip Mestman, deceased. Anna Marie Magliocca, et al., petitioners-respondent Cathy Mestman, objectant-appellant. (Appeal No. 4) (File No. 932/13)

DECISION & ORDER ON MOTION s; s;

Motion by the appellant on appeals from a decision of the Surrogate's Court, Dutchess County, entered August 6, 2014, two orders of the same court dated July 29, 2014, and August 11, 2014, respectively, and a decree of the same court entered August 28, 2014, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeals from the decision entered August 6, 2014, and the order dated July 29, 2014. Separate motion by the appellant, inter alia, to stay enforcement of the order dated August 11, 2014, and the decree entered August 28, 2014, pending hearing and determination of the appeals. Application by the appellant for accommodations under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.).

Upon the papers filed in support of the motions and application, the papers filed in opposition to the motions, and no papers having been filed in opposition or in relation to the application, it is

ORDERED that on the Court's own motion, the appeal from the decision entered August 6, 2014 (Appellate Division Docket No. 2014-07604), is dismissed, without costs or disbursements, as 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 dated July 29, 2014 (Appellate Division Docket No. 2014-07635), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeals from the decision entered August 6, 2014, and the order dated July 29, 2014, is denied as academic as the appeals from the decision entered August 6, 2014, and the order dated July 29, 2014, have been dismissed; and it is further,

ORDERED that the motion, inter alia, to stay enforcement of the order dated August 11, 2014, and the decree entered August 28, 2014, is denied; and it is further,

ORDERED that the branches of the application which are (1) for the assignment of counsel, (2) to waive any requirement that papers filed by the appellant with this Court be notarized, and (3) to direct that each paper or correspondence sent by the courts and the parties to the appellant be sent by four methods, namely, certified mail, regular mail, facsimile transmission, and e-mail are denied; and it is further,

ORDERED that the branch of the application which is for leave to serve and file all motions and applications, or any papers in connection with a motion or an application, and correspondence by e-mail is granted; and it is further,

ORDERED that the branch of the application which is, in effect, for leave to participate in oral argument by telephone on an appeal for which oral argument is permitted (see 22 NYCRR 670.20[c]) is granted; and it is further,

ORDERED that the branch of the application which is, in effect, to waive the requirement that the appellant personally appear when she files an order to show cause providing for a temporary stay or any other interim relief (see 22 NYCRR 670.5[e]) is granted; and it is further,

ORDERED that the branch of the application which is to enlarge the time to comply with deadlines is denied as premature without prejudice to requesting an extension of time concerning a specific deadline set forth by an order or a rule of this Court, when necessary; and it is further,

ORDERED that the branch of the application which is for certain accommodations if and when the appellant appears at the courthouse is denied as premature without prejudice to requesting accommodations prior to a scheduled visit to the courthouse; and it is further,

ORDERED that the branch of the application which is to be provided with downloadable forms is denied as unnecessary as the Court's downloadable forms are accessible on this Court's website; and it is further,

ORDERED that the branch of the application which is to be provided with court forms in fillable pdf format is denied as unnecessary with respect to the notice of appeal, order to show cause, and affidavit forms, as those forms are available in fillable pdf format on this Court's website, and that branch of the application is otherwise denied as premature without prejudice to requesting a particular form, if available, when necessary.

BALKIN, J.P., CHAMBERS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court