Opinion
Motion No. 2023-06401 File No. 2676/2018
10-30-2023
In the Matter of Clesslyn Bailey, deceased. Kimberly Persaud, appellant; Marva Gordon-Steel, etc., nonparty-respondent.
Unpublished Opinion
MOTION DECISION
M291890
FRANCESCA E. CONNOLLY, J.P. LARA J. GENOVESI BARRY E. WARHIT LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a purported order of the Surrogate's Court, Kings County, dated March 17, 2023. By order to show cause dated August 4, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no order of the Surrogate's Court, Kings County, dated March 17, 2023, was issued in the above-entitled matter, or in the alternative, that no appeal lies from the denial of an application to sign an order to show cause (see Khanal v Sheldon, 74 A.D.3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 A.D.3d 553; CPLR 5701).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.
CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.