| Matter of Fowler, deceased |
| Motion No: 2020-02790 |
| Slip Opinion No: 2022 NY Slip Op 75899(U) |
| Decided on December 16, 2022 |
| 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
M286452
AFA/
MARK C. DILLON, J.P.
WILLIAM G. FORD
BARRY E. WARHIT
LILLIAN WAN, JJ.
|
2020-02790 In the Matter of Ruthie Mae Fowler, deceased. Emma Frazier, et al., respondents; Elizabeth Fowler, appellant. (File No. 4419A/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Queens County, dated February 6, 2020. By order to show cause dated August 15, 2022, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies as of right from an order that does not result from a motion made on notice, and leave to appeal had not been granted.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed (see CPLR 5701), without costs or disbursements.
DILLON, J.P., FORD, WARHIT and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court