| Matter of Hanlon, deceased |
| Motion No: 2024-02172 |
| Slip Opinion No: 2024 NY Slip Op 80187(U) |
| Decided on December 13, 2024 |
| 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
M301401
AFA/
ROBERT J. MILLER, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
|
2024-02172 In the Matter of Grace Hanlon, deceased. Merlene Dinnal, petitioner-appellant; David Sewell, et al., respondents-respondents. (File No. 2/2022)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 2, 2024, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Surrogate's Court, Queens County, dated January 18, 2024. Motion by the appellant, inter alia, for leave to appeal to this Court from the order and to stay the sale of the subject property, 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 to this Court is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., DOWLING, TAYLOR and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court