| Matter of Prince, Deceased |
| Motion No: 2023-08904 |
| Slip Opinion No: 2023 NY Slip Op 76603(U) |
| Decided on November 13, 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
M292254
KS/
HECTOR D. LASALLE, P.J.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
JANICE A. TAYLOR, JJ.
|
2023-08904 In the Matter of Howard Prince, etc., deceased. Marie Angela Santoro Prince, petitioner; David Marc Prince, objectant.
(File No. 1565/2021)
| DECISION & ORDER ON MOTION |
Motion by the objectant, inter alia, for leave to appeal to this Court from an order and decree (one paper) of the Surrogate's Court, Suffolk County, dated August 23, 2023, and to vacate the order and decree or, in the alternative, in effect, to stay enforcement of the order and decree, pending hearing and determination of the appeal.
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 is denied as unnecessary as the order and decree is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew upon the filing of a timely notice of appeal (see CPLR 5513, 5514).
LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court