Opinion
2021-01780 File 2003-669/A
08-04-2021
In the Matter of Walter C. Decker, Sr., deceased. Robert K. Decker, petitioner-appellant; Walter C. Decker, Jr., respondent-respondent.
M278529 AFA/
CHERYL E. CHAMBERS, J.P. BETSY BARROS VALERIE BRATHWAITE NELSON LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Surrogate's Court, Orange County, dated November 23, 2020. Motion by the appellant pro se, inter alia, for leave to withdraw the appeal and, in effect, to accept a notice of appeal from an order of the Surrogate's Court, Orange County, dated May 18, 2021.
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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a petition (see Steinberg v Levine, 289 A.D.2d 337; Bagdy v Progresso Foods Corp., 86 A.D.2d 589), and leave to appeal has not been granted; and it is further, ORDERED that the branch of the motion, in effect, to accept a notice of appeal is denied, without prejudice to the petitioner filing a timely notice of appeal from the order dated May 18, 2021 pursuant to CPLR 5513; and it is further, ORDERED that the motion is otherwise denied as academic.
CHAMBERS, J.P., BARROS, BRATHWAITE NELSON and GENOVESI, JJ., concur.