| Matter of McArdle, deceased |
| Motion No: 2015-11003 |
| Slip Opinion No: 2015 NY Slip Op 93985(U) |
| Decided on December 17, 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
M203423
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
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2015-11003, 2015-11004 In the Matter of Margaret McArdle, deceased. Joan Booker, petitioner-respondent; Maureen Dixon, et al., respondents-appellants. (File No. 2041/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from a decision of the Surrogate's Court, Suffolk County, dated October 20, 2015, and an order of the same court dated October 27, 2015, inter alia, to direct the Surrogate's Court to make certain determinations in writing."
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 from the decision 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 on the Court's own motion, the appeal from the order 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 is denied as academic.
BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court