| Matter of Moscot, deceased |
| Motion No: 2015-07078 |
| Slip Opinion No: 2015 NY Slip Op 83650(U) |
| Decided on September 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. |
Appellate Division: Second Judicial Department
M198108
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2015-07078
In the Matter of Kenneth Moscot, deceased. Michael Waters, petitioner-respondent; Harvey Moscot, objectant-appellant. Amy Berlin, objectant-respondent. (File No. 4385/10)
| DECISION & ORDER ON MOTION |
Motion by the objectant-appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a decision of the Surrogate's Court, Kings County, dated May 22, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 it is further,
ORDERED that the motion is denied as academic.
ENG, P.J., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court