Opinion
2022-61571 Motion 2021-04432
02-10-2022
In the Matter of the Accounting of Abraham Solomon Hoppenstein, As Trustee of The Reuben Hoppenstein 2005 Trust Dated October 10, 2005, No. 2015-2918F Nos. 2021-04608, 202104788
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Lizbeth González Martin Shulman Julio Rodriguez III, Justices.
An appeal having been taken to this Court by objectants-appellants Cheryl Hoppenstein, Yitzchak Hoppenstein, Yonatan Hoppenstein, Aryeh Hoppenstein, Yara Hoppenstein and Adina Hoppenstein from an order of the Surrogates Court, New York County, entered on or about August 10, 2021, (Case No. 2021-04608), And an appeal having been taken to this Court by nonparty Andrew M. La Bella, Esq., from a decision and an order of the Surrogates Court, New York County, entered on or about December 07, 2021 (Case No. 2021-04788), And non-party counsel, Andrew M. La Bella, Esq., having moved, pro se, for leave to appeal to this Court from the August 10, 2021 order on the grounds that he is personally aggrieved by said order, and for the consolidation of the aforesaid appeals in the interest of judicial economy, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the branch of the motion seeking to consolidate the appeals is granted and the Clerk of this Court is directed to calendar the consolidated appeals (Case Nos. 2021-04608 and 2021-04788) for the same day, and
It is further ordered that branch of the motion seeking leave to appeal from the August 10, 2021 order or to intervene in the pending appeal therefrom is denied as movant was not personally aggrieved until the imposition of sanctions in the December 7, 2021 order and his appeal of the December 07, 2021 decision and order necessarily brings up for review the relevant portions of the August 10, 2021 order.