Matter of Alayon, deceased
Motion No: 2015-08458
Slip Opinion No: 2015 NY Slip Op 94509(U)
Decided on December 23, 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

M203680

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-08458

In the Matter of Alayon, deceased.

Attorney General of State of New York,

respondent; Louis R. Rosenthal, etc., appellant

(and other titles).

(File No. 80/00)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Kings County, dated February 4, 2015, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701).

CHAMBERS, J.P., ROMAN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court