Opinion
Motion No. 2023-08904 File No. 1565/2021
11-13-2023
In the Matter of Howard Prince, etc., deceased. Marie Angela Santoro Prince, petitioner; David Marc Prince, objectant.(File No. 1565/2021)
Unpublished Opinion
MOTION DECISION
M292254
HECTOR D. LASALLE, P.J. CHERYL E. CHAMBERS, LINDA CHRISTOPHER, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Motion by the objectant, inter alia, for leave to appeal to this Court from an order and decree (one paper) of the Surrogate's Court, Suffolk County, dated August 23, 2023, and to vacate the order and decree or, in the alternative, in effect, to stay enforcement of the order and decree, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order and decree is appealable as of right (see CPLR 5701); and it is further, ORDERED that the motion is otherwise denied without prejudice to renew upon the filing of a timely notice of appeal (see CPLR 5513, 5514).
LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.