Appellate Division: Second Judicial Department

M303887

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JAMES P. MCCORMACK, JJ.

2023-11397 In the Matter of Eli Sassouni, deceased. Khosrow Jack Sassouni, etc., appellant-respondent; v Dalia Sassouni, et al., respondents-appellants. (File No. 355890)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a decision and order (one paper) of the Surrogate's Court, Nassau County, dated October 10, 2023. Motion by the appellant-respondent to extend the time to perfect the appeal. By order to show cause dated November 27, 2024, the parties to the appeal and cross-appeal were directed to show cause before this Court why the appeal and cross-appeal in the above-entitled proceeding should or should not be dismissed on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and no appeal lies from a decision, and the appellant-respondent's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal and cross-appeal is granted, and the appeal and cross-appeal are dismissed, without costs or disbursements on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion by the appellant-respondent is denied as academic.

GENOVESI, J.P., MILLER, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court