Matter of Moscato, deceased
2026 NY Slip Op 71144(U)
June 26, 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 Joseph Moscato, deceased. Camille Hoffman, petitioner-respondent; Amanda Moscato Romagnano, respondent-appellant. (File No. 3779/2022)
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 26, 2026
2024-12202
Lara J. Genovesi, J.P.
Lillian Wan
Janice A. Taylor
Laurence L. Love, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from a decision of the Surrogate's Court, Kings County, dated June 20, 2024. By order to show cause dated February 23, 2026, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and/or 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.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from a decision is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
GENOVESI, J.P., WAN, TAYLOR and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court