| Matter of Celentano, deceased |
| Motion No: 2014-01299 |
| Slip Opinion No: 2014 NY Slip Op 86412(U) |
| Decided on October 14, 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
M181144
E/sl
CHERYL E. CHAMBERS, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
BETSY BARROS, JJ.
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2014-01299 In the Matter of Rose M. Celentano, deceased. Leonard Marciante, petitioner-appellant-respondent; Rosemarie Pantangelo, et al., respondents-respondent appellants; Vincent Marciante, respondent-responden (Appeal No. 1) 2014-01804 In the Matter of Rose M. Celentano, deceased. Leonard Marciante, petitioner-respondent; Rosemarie Pantangelo, et al., respondents-appellants; Vincent Marciante, respondent-respondent. (Appeal No. 2) (File No. 335284)
| DECISION & ORDER ON MOTION s- t. |
Appeal and cross appeal from a decision of the Surrogate's Court, Nassau County, dated September 30, 2013, and appeal from an order of the same court dated August 30, 2012. By order to show cause dated May 8, 2014, inter alia, the appeal from the decision was dismissed and the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order, 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. Motion by Leonard Marciante, in effect, to recall and vacate so much of the order to show cause dated May 8, 2014, as dismissed the appeal from the decision.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal from the order (Appellate Division Docket No. 2014-01804) is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that on the Court's own motion the cross appeal from the decision (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 motion by Leonard Marciante is denied.
CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court