| Matter of Modell, deceased |
| Motion No: 2017-06531 |
| Slip Opinion No: 2017 NY Slip Op 89042(U) |
| Decided on October 13, 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
M239457
E/afa
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ANGELA G. IANNACCI, JJ.
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2017-06531, 2017-06532, 2017-06533 In the Matter of William D. Modell, deceased. Mitchell Modell, etc., et al., petitioner-respondents; Jay Goldberg, etc., respondent-appellant; Leslie Modell, et al., respondents-respondents. (File No. 350478O)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to stay all proceedings in the matters entitled Matter of Modell, pending in the Surrogate's Court, Nassau County, under File Nos. 350478P and 350478Q, pending hearing and determination of an appeal from a decree of the Surrogate's Court, Nassau County, dated April 28, 2017, and two orders of the same court dated March 31, 2017, and April 18, 2017, respectively.
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 appeals from the orders dated March 31, 2017, and April 18, 2017, are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the decree (see Matter of Aho, 39 NY2d 241), and the issues raised on the appeals from the orders are brought up for review on the appeal from the decree; and it is further,
ORDERED that the motion is denied.
BALKIN, J.P., LEVENTHAL, AUSTIN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court