| Matter of Spector, deceased |
| Motion No: 2015-03987 |
| Slip Opinion No: 2015 NY Slip Op 79101(U) |
| Decided on July 15, 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. |
Appellate Division: Second Judicial Department
M195293
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2015-03987 In the Matter of Victor Spector, deceased. Susan Kaplan, petitioner-respondent; Larry Spector, respondent-appellant. (File No. 1827/10)
| DECISION & ORDER ON MOTION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision and order (one paper) of the Surrogate's Court, Kings County, dated November 26, 2014.
Upon the papers filed in support of the application 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, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701); and it is further,
ORDERED that the application is denied as academic.
DILLON, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court