| Matter of Bailey, deceased |
| Motion No: 2023-06401 |
| Slip Opinion No: 2023 NY Slip Op 75974(U) |
| Decided on October 30, 2023 |
| 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
M291890
AFA/
FRANCESCA E. CONNOLLY, J.P.
LARA J. GENOVESI
BARRY E. WARHIT
LILLIAN WAN, JJ.
|
2023-06401 In the Matter of Clesslyn Bailey, deceased. Kimberly Persaud, appellant; Marva Gordon-Steel, etc., nonparty-respondent. (File No. 2676/2018)
| DECISION & ORDER ON MOTION |
Appeal from a purported order of the Surrogate's Court, Kings County, dated March 17, 2023. By order to show cause dated August 4, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no order of the Surrogate's Court, Kings County, dated March 17, 2023, was issued in the above-entitled matter, or in the alternative, that no appeal lies from the denial of an application to sign an order to show cause (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701).
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, without costs or disbursements.
CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court