| Matter of D. (Anonymous), Aldo |
| Motion No: 2017-11407 |
| Slip Opinion No: 2017 NY Slip Op 95934(U) |
| Decided on December 18, 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
M243237
E/ct
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2017-11407 In the Matter of Aldo D. (Anonymous). Sherilyn Dandridge, etc., respondent; Mae A. G. D. (Anonymous), nonparty- appellant. (File No. 722/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision of the Surrogate's Court, Queens County, dated March 2, 2017, for failure to timely perfect. Application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision 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 motion and the application are denied as academic.
BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court