| Matter of Goebel, deceased |
| Motion No: 2017-02286 |
| Slip Opinion No: 2017 NY Slip Op 72323(U) |
| Decided on May 2, 2017 |
| 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
M230379
E/afa
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
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2017-02286, 2017-02287, 2017-03236 In the Matter of Louis E. Goebel, also known as Louis Emil Goebel, also known as Louis Goebel, also known as Lou Goebel, deceased. Susan J. Rera, petitioner-appellant; Alba Baris Goebel, respondent-respondent. (File No. 911/11)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-appellant to stay all proceedings in the above-entitled matter pending hearing and determination of appeals from a decision of the Surrogate's Court, Orange County, dated May 21, 2014, a decree of the same court dated August 14, 2014, and an order of the same court dated October 13, 2015, and to consolidate the appeals.
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 from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeals from the decree and the order as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]), and is otherwise denied as academic.
ENG, P.J., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court