| Matter of Gargani, deceased |
| Motion No: 2016-01414 |
| Slip Opinion No: 2016 NY Slip Op 75914(U) |
| Decided on June 8, 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
M212874
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
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2016-01414 In the Matter of Julius Gargani, also known as Julius J. Gargani, deceased. Joan K. Conklin, etc., petitioner-appellant; Regina Demitrack, respondent-respondent; Lori Conklin, nonparty-appellant. (File No. 363395/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Surrogate's Court, Nassau County, dated December 22, 2015, pending hearing and determination of an appeal therefrom.
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 leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court