Appellate Division: Second Judicial Department

M299513

AFA/

ROBERT J. MILLER, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

DONNA-MARIE E. GOLIA, JJ.

2024-05043, 2024-05044, 2024-05045, 2024-05046, 2024-05049 In the Matter of Genia Hay, Deceased. David Hay, appellant; Rina Roth, et al., respondents. (File No. 4717/2019)

DECISION & ORDER ON MOTION

Appeals from three orders of the Surrogate's Court, Kings County, dated June 14, 2024, May 10, 2024, and June 30, 2023, respectively, preliminary letters testamentary of the same court dated December 28, 2020, and a decree of the same court dated March 13, 2020. Motion by the appellant, inter alia, in effect, to stay enforcement of the orders, the preliminary letters testamentary, and the decree.

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

ORDERED that on the Court's own motion, the appeal from the preliminary letters testamentary is dismissed, without costs or disbursements, on the ground that no appeal lies from preliminary letters testamentary (see CPLR 5501; Matter of Wang, 5 AD3d 785, 786); and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the preliminary letters testamentary is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., FORD, DOWLING and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court