Matter of Saunders, deceased
Motion No: 2017-06029
Slip Opinion No: 2017 NY Slip Op 79989(U)
Decided on July 14, 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

M234294

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-06029, 2017-06030

In the Matter of Saunders, deceased.

Diana F. Ronalds, petitioner-respondent;

Walter Saunders & Sons Jefferson, LLC,

nonparty-appellant.

(File No. 2662/14)

2017-06201

Walter Saunders & Sons Jefferson, LLC,

appellant, v Diana F. Ronalds, respondent,

et al., defendants.

(Index No. 8381/15)

DECISION & ORDER ON MOTION

Motion by Walter Saunders & Sons Jefferson, LLC, inter alia, for leave to appeal to this Court from an order of the Surrogate's Court, Kings County, dated February 24, 2017, to consolidate that appeal with an appeal from an order of the same court dated October 27, 2014, to stay all proceedings to probate the decedent's will, pending hearing and determination of the appeals, and to calendar together the appeals from the orders dated February 24, 2017, and October 27, 2014, with an appeal from an order of the Supreme Court, Kings County, dated September 30, 2016.

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 from the order dated February 24, 2017, is denied as unnecessary with respect to so much of the order as denied renewal as that portion of the order is appealable as of right (see CPLR 5701) and denied with respect to so much of the order as denied leave to reargue; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals from the orders dated February 24, 2017, and October 27, 2014, will be argued or submitted on the same date as the appeal from the order dated September 30, 2016; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court