Matter of Hanlon, deceased
Motion No: 2016-11570
Slip Opinion No: 2016 NY Slip Op 91948(U)
Decided on November 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M221668

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-11570

In the Matter of Grace Hanlon, deceased.

Merlene Dinnal, petitioner-appellant;

David Sewell, et al., respondents-respondents.

(File No. 134/12)

DECISION & ORDER ON MOTION

Motion by Merlene Dinnal for leave to appeal to this Court from an order of the Surrogate's Court, Kings County, dated November 3, 2016, to stay enforcement of a certain subpoena, and to stay all discovery regarding the subject will, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., DICKERSON, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court