| Matter of Nania, deceased |
| Motion No: 2019-05947 |
| Slip Opinion No: 2019 NY Slip Op 77439(U) |
| Decided on August 14, 2019 |
| 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
M265220
E/sl
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
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2019-05947 In the Matter of Antonio Nania, deceased. Antonina Nania, petitioner-respondent; Matteo Nania, objectant-appellant. (File No. 2764C/13)
| DECISION & ORDER ON MOTION |
Motion by the objectant-appellant for leave to appeal to this Court from an order of the Surrogate's Court, Kings County, dated December 11, 2018, and, inter alia, in effect, to stay enforcement of the order pending hearing and determination of the appeal.
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 the branch of the motion which is for leave to appeal from so much of the order as granted the guardian ad litem's request for counsel fees is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the remaining portion of the order is denied as unnecessary as that portion of the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew upon the filing of a timely notice of appeal (see CPLR 5513, 5514[a]).
CHAMBERS, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court