Matter of Demetriou, deceased
Motion No: 2018-02739
Slip Opinion No: 2018 NY Slip Op 68299(U)
Decided on March 29, 2018
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

M248140

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-02739

In the Matter of Frosso Demetriou, deceased.

Helen Aliano, petitioner-appellant;

James Demetriou, et al., respondents-

respondents.

(File No. 359448)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Surrogate's Court, Nassau County, dated February 13, 2018, pending hearing and determination of an appeal therefrom.

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 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 as academic.

LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court