Appellate Division: Second Judicial Department

M290619

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

CARL J. LANDICINO

LOURDES M. VENTURA, JJ.

2023-03615 In the Matter of Richard Hynes, deceased. Sean Hynes, petitioner-respondent; Shannon Hynes, respondent-appellant. (File No. 202-2020)

DECISION & ORDER ON MOTION

2023-03817

In the Matter of Richard Hynes, deceased.

Sean Hynes, petitioner-respondent;

Shannon Hynes, respondent-appellant.

(File No. 202-2020)

Appeals from an order of the Surrogate's Court, Queens County, dated February 21, 2023, and a decree of the same court dated April 10, 2023. Motion by the appellant for leave to appeal to this Court from the decree, to consolidate the appeals, and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the decree is denied as unnecessary as the decree is appealable as of right (see CPLR 5701); and it is further,

ORDERED that on the Court's own motion, the appeal from the order is dismissed on the ground that the right of direct appeal therefrom terminated upon entry of the decree (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter is denied.

CONNOLLY, J.P., MALTESE, LANDICINO and VENTURA, JJ., concur..

ENTER:

Darrell M. Joseph

Acting Clerk of the Court