| Matter of Decker, deceased |
| Motion No: 2021-01780 |
| Slip Opinion No: 2021 NY Slip Op 69813(U) |
| Decided on August 4, 2021 |
| 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
M278529
AFA/
CHERYL E. CHAMBERS, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
LARA J. GENOVESI, JJ.
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2021-01780 In the Matter of Walter C. Decker, Sr., deceased. Robert K. Decker, petitioner-appellant; Walter C. Decker, Jr., respondent-respondent. (File No. 2003-669/A)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Orange County, dated November 23, 2020. Motion by the appellant pro se, inter alia, for leave to withdraw the appeal and, in effect, to accept a notice of appeal from an order of the Surrogate's Court, Orange County, dated May 18, 2021.
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 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a petition (see Steinberg v Levine, 289 AD2d 337; Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the branch of the motion, in effect, to accept a notice of appeal is denied, without prejudice to the petitioner filing a timely notice of appeal from the order dated May 18, 2021 pursuant to CPLR 5513; and it is further,
ORDERED that the motion is otherwise denied as academic.
CHAMBERS, J.P., BARROS, BRATHWAITE NELSON and GENOVESI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court