Matter of Malik, deceased
2026 NY Slip Op 65717(U)
April 6, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
In the Matter of Mohammad A. Malik, etc., deceased. Yasmin Akhtar Malik, petitioner- respondent; Brandon Bishunauth, respondent- appellant. (File No. 990/2023)
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 6, 2026
2024-01452, 2024-01453
Francesca E. Connolly, J.P.
Linda Christopher
Barry E. Warhit
Donna-Marie E. Golia, JJ.
[*1]DECISION & ORDER ON MOTION
Appeals from an order of the Surrogate's Court, Queens County, dated December 12, 2023, and a decree of the same court dated December 18, 2023. Motion by the appellant for leave to serve and file a supplemental record containing certain material. By order to show cause dated January 14, 2026, the parties were directed to show before this Court why an order should or should not be made and entered dismissing the appeal from the order in the above-entitled proceeding 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/or no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511), and dismissing the appeal from the decree on the ground that no appeal lies from a decree entered upon the consent of the appealing party (see CPLR 5511), and the motion was held in abeyance in the interim. Application by the appellant for leave to appeal to this Court from the order and the decree.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies from an order or a decree entered upon the consent of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion for leave to serve and file a supplemental record containing certain material is denied as academic.
CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court