Appellate Division: Second Judicial Department

M287910

AFA/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2022-05524 In the Matter of Nancy Giordani, deceased. Alan Giordani, petitioner-appellant; Paul Giordani, cross petitioner-respondent. (File No. 2293/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated June 29, 2022. By order to show cause dated October 5, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509). Motion by the appellant, inter alia, in effect, to supervise motion practice in the Surrogate's Court.

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 papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that on the Court's own motion, on or before May 16, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DUFFY, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court