In re the Estate of Foglia

Appellate Division of the Supreme Court of New York

In re the Estate of Foglia

32 A.D.2d 836, 303 N.Y.S.2d 206, 1969 N.Y. App. Div. LEXIS 3542

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1969

StatusPublished

This text of 32 A.D.2d 836 (In re the Estate of Foglia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Foglia, 32 A.D.2d 836, 303 N.Y.S.2d 206, 1969 N.Y. App. Div. LEXIS 3542 (N.Y. Ct. App. 1969).

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Opinion

In a contested accounting proceeding, the objectant appeals from (1) an order of the Surrogate’s Court, Kings County, dated April 30, 1968, which denied her motion for reargument of a prior decision of said court (denominated in the record as an “order”) dated February 13, 1968, directing sua sponte that her jury demand be struck out, and (2) said decision. Appeals dismissed, without costs; the order and the decision are nonappealable. No appeal lies from an order denying reargument (Matter of Barbaro v. Wyman, 32 A D 2d 740; Sklan v. Sklan, 29 A D 2d 526; Schiff v. Doctors Hosp., 29 A D 2d 534; Matter of Eaton v. Paulson, 29 A D 2d 945). Similarly, no appeal lies from a decision (Balk v. Frank, 29 A D 2d 685). Although the determination of February 13, 1968 is denominated an order, it is in fact a decision. However, we have considered the merits of appellant’s contentions and, if we were not required to dismiss the appeals, we would affirm the determinations. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Kleinfeld, JJ., concur.

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In a contested accounting proceeding, the objectant appeals from (1) an order of the Surrogate’s Court, Kings County, dated April 30, 1968, which denied her motion for reargument of a prior decision of said court (denominated in the record as an “order”) dated February 13, 1968, directing sua sponte that her jury demand be struck out, and (2) said decision. Appeals dismissed, without costs; the order and the decision are nonappealable. No appeal lies from an order denying reargument (Matter of Barbaro v. Wyman, 32 A D 2d 740; Sklan v. Sklan, 29 A D 2d 526; Schiff v. Doctors Hosp., 29 A D 2d 534; Matter of Eaton v. Paulson, 29 A D 2d 945). Similarly, no appeal lies from a decision (Balk v. Frank, 29 A D 2d 685). Although the determination of February 13, 1968 is denominated an order, it is in fact a decision. However, we have considered the merits of appellant’s contentions and, if we were not required to dismiss the appeals, we would affirm the determinations. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Kleinfeld, JJ., concur.

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Bluebook (online)

32 A.D.2d 836, 303 N.Y.S.2d 206, 1969 N.Y. App. Div. LEXIS 3542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-foglia-nyappdiv-1969.