| Matter of Demetriou, deceased |
| Motion No: 2018-02739 |
| Slip Opinion No: 2018 NY Slip Op 72553(U) |
| Decided on May 16, 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. |
Appellate Division: Second Judicial Department
M250153
E/afa
ALAN D. SCHEINKMAN, P.J.
REINALDO E. RIVERA
ROBERT J. MILLER
HECTOR D. LASALLE, 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 respondents-respondents to dismiss an appeal from an order of the Surrogate's Court, Nassau County, dated February 13, 2018, on the ground that the order is not appealable as of right and leave to appeal has not been granted. Cross motion by the petitioner-appellant for leave to appeal to this Court from the order dated February 13, 2018.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the decision and order on motion of this Court dated March 29, 2018, which dismissed the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted; and it is further,
ORDERED that the cross motion is denied.
SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court