Matter of Moore, deceased
Motion No: 2017-03720
Slip Opinion No: 2017 NY Slip Op 95377(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M243018

E/ct

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2017-03720, 2017-03723

In the Matter of Frank Moore, Jr., deceased.

Eileen Kyne, petitioner-respondent;

Michele Moore, objectant-respondent;

Frank Moore III, respondent-respondent.

(File No. 754/90)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to direct the preservation of certain viewing screens on the website of the Surrogate's Court, Suffolk County, and logs detailing changes to the material on those website screens, on appeals from two orders of the Surrogate's Court, Suffolk County, dated January 31, 2017, and February 24, 2017, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated February 24, 2017, 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.

MASTRO, J.P., ROMAN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court