Opinion
Motion No: 2011-067112011-067132011-067142011-06716File No. 353190M127491
10-19-2011
In the Matter of Zelda K. Kapchan, deceased. Jordan Kapchan, appellant; v. Brian Kapchan, respondent.
, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, to enjoin the respondent from disbursing certain funds deposited at HSBC Bank USA, N.A., pending hearing and determination of appeals from a decree of the Surrogate's Court, Nassau County, dated March 3, 2011, two orders of the same court dated March 2, 2011, and May 26, 2011, respectively, and a decision of the same court dated December 9, 2010.
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 dated December 9, 2010 (Appellate Division Docket No. 2011-06711), 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 on the Court's own motion, the appeal from the order dated March 2, 2011 (Appellate Division Docket No. 2011-06713), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court