In the Matter of the Application of Mac Truong

Motion No: M-365

Slip Opinion No: 2017 NYSlipOp 67532(U)

Decided on March 16, 2017

Appellate Division, First 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.

March 16, 2017

In the Matter of the Application of

Mac Truong, Ph.D., J.S.D., as Creditor

of the Estate of Truong Dinh Tran,

Deceased, Surrogate's Court

To Determine the Validity and File No. 1785/12

Enforceability of Claims against

The Estate of said Deceased.

An appeal having been taken from an order of the Surrogate's Court, New York County, entered on or about December 2, 2016, And respondent having moved to dismiss the aforesaid appeal

(M-219), And, petitioner having cross-moved for an order granting

leave to appeal to this Court from the aforesaid order of the Surrogate's Court (M-365), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that the motion to dismiss the appeal is granted

(M-219). The cross motion is denied, as academic (M-365). ENTERED: March 16, 2017

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Richard T. Andrias Sallie Manzanet-Daniels Judith J. Gische Troy K. Webber, Justices

M-365

M-219