Matter of Garvey, deceased
Motion No: 2015-04159
Slip Opinion No: 2015 NY Slip Op 75243(U)
Decided on June 4, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M193423

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-04159

In the Matter of Garvey, deceased.

Kevin Augustine Garvey, et al., petitioners-

appellants; Christopher Michael Garvey,

respondent-respondent.

(File No. 609/13)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay all proceedings in the above-entitled matter, pending hearing and determination of an appeal from an order of the Surrogate's Court, Orange County, dated April 21, 2015.

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 is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the motion is denied.

SKELOS, J.P., DILLON, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court