| Matter of Davis, deceased |
| Motion No: 2017-06739 |
| Slip Opinion No: 2017 NY Slip Op 84190(U) |
| Decided on August 29, 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
M236856
E/sl
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
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2017-06739 In the Matter of Ruth M. Davis, deceased. Beatrice Jenkins, petitioner-respondent; Michael Davis, respondent-appellant. (File No. 384657/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay certain proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Surrogate's Court, Nassau County, dated May 31, 2017, and for poor person relief.
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 does not affect a substantial right (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court