| Matter of Melendez, deceased |
| Motion No: 2016-01776 |
| Slip Opinion No: 2016 NY Slip Op 66175(U) |
| Decided on March 4, 2016 |
| 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
M207518
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
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2016-01776 In the Matter of Luis Melendez, deceased. Adelaida Melendez, etc., petitioner-respondent; Jorge Melendez, etc., respondent-appellant. (File No. 690/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Surrogate's Court, Suffolk County, dated February 24, 2016.
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, 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., SGROI, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court