In re the Estate of Monnin

Appellate Division of the Supreme Court of New York

In re the Estate of Monnin

221 A.D.2d 973, 635 N.Y.S.2d 574, 1995 N.Y. App. Div. LEXIS 13471

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

DecidedNovember 15, 1995

DocketAppeal No. 2

StatusPublished

This text of 221 A.D.2d 973 (In re the Estate of Monnin) 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.

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In re the Estate of Monnin, 221 A.D.2d 973, 635 N.Y.S.2d 574, 1995 N.Y. App. Div. LEXIS 13471 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from order insofar as it denied reargument unanimously dismissed and order affirmed without costs. Memorandum: We affirm that part of the order that denied petitioner’s motion for summary judgment without prejudice. The appeal from that part of the order that denied petitioner’s motion to reargue a prior motion is dismissed. An order denying a motion to reargue is not appealable (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984; Siegel, Practice Commentaries, McKinney’s [974]*974Cons Laws of NY, Book 7B, CPLR C2221:9, at 185). (Appeal from Order of Genesee County Surrogate’s Court, Morton, S.— Reargument.) Present—Lawton, J. P., Fallon, Callahan, Davis and Boehm, JJ.

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—Appeal from order insofar as it denied reargument unanimously dismissed and order affirmed without costs. Memorandum: We affirm that part of the order that denied petitioner’s motion for summary judgment without prejudice. The appeal from that part of the order that denied petitioner’s motion to reargue a prior motion is dismissed. An order denying a motion to reargue is not appealable (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984; Siegel, Practice Commentaries, McKinney’s [974]*974Cons Laws of NY, Book 7B, CPLR C2221:9, at 185). (Appeal from Order of Genesee County Surrogate’s Court, Morton, S.— Reargument.) Present—Lawton, J. P., Fallon, Callahan, Davis and Boehm, JJ.

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221 A.D.2d 973, 635 N.Y.S.2d 574, 1995 N.Y. App. Div. LEXIS 13471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-monnin-nyappdiv-1995.

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