Matter of Alston and Minter, as co-administrators of the estate of Sco

Matter of Alston and Minter, as co-administrators of the estate of Sco

Motion No: 2017-03664

Slip Opinion No: 2017 NY Slip Op 72683(U)

Decided on May 4, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M230608

E/afa

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2017-03664
In the Matter of Willa Alston and Stephanie
Minter, as co-administrators of the estate of
Jessie Scott, et al., appellants, v Town of
Ossining, et al., respondents.
(Index No. 52489/17)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an undated order of the Supreme Court, Westchester County, 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., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court