Appellate Division: Second Judicial Department

M295682

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2023-11399 In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, petitioner-appellant; Public Administrator of Nassau County, etc., et al., objectants-respondents; Rosalie Baiamonte, etc., nonparty-respondent. (File No. 343100/G)

DECISION & ORDER ON MOTION

2023-11402

In the Matter of Oleg Cassini, deceased.

Marianne Nestor Cassini, petitioner-appellant;

Public Administrator of Nassau County, etc.,

et al., objectants-respondents; Rosalie

Baiamonte, etc., nonparty-respondent.

(File No. 343100/G)

Appeals from a decision of the Surrogate's Court, Nassau County, dated September 8, 2023, and an order of the same court dated September 21, 2023. Application by the appellant to extend the time to perfect the appeal from the decision. Separate application by the appellant to extend the time to perfect the appeal from the order.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the applications are denied as academic.

CONNOLLY, J.P., CHRISTOPHER, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court