Opinion
2013-01676 File No. 3988/12 M153159
03-19-2013
, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, in effect, for summary reversal on an appeal from a decision of the Surrogate's Court, Kings County, dated November 9, 2012.
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 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 the motion is denied as academic.
DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court