Appellate Division: Second Judicial Department

M240571

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-03459 In the Matter of Robert D. Lynch Revocable Trust. Peter T. Owens, et al., petitioners-respondents; Robert D. Lynch, respondent-appellant. (File No. 351/11)

DECISION & ORDER ON MOTION

By order to show cause dated April 12, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no order dated September 26, 2016, was issued by the Surrogate's Court, Westchester County, in the above-entitled proceeding. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from a decision of the Surrogate's Court, Westchester County, dated September 22, 2016.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that no order dated September 26, 2016, was issued in the above-entitled proceeding is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the decision of the Surrogate's Court, Westchester County, dated September 22, 2016, 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 application is denied as academic.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court