Matter of Konstantinos Apostolidis
Opinion
| Matter of Konstantinos Apostolidis |
| 2021 NY Slip Op 02517 |
| Decided on April 28, 2021 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on April 28, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
2019-08092
Judith N. Berger, Islandia, NY, for appellants.
DECISION & ORDER
In a probate proceeding in which the Coalition of Landlords Homeowners & Merchants, Inc., and Paul Palmieri petitioned pursuant to SCPA 1809 to determine the validity of a claim against the estate of Konstantinos Apostolidis, the Coalition of Landlords, Homeowners & Merchants, Inc., and Paul Palmieri appeal from a decision of the Surrogate's Court, Suffolk County (Theresa Whalen, S.), dated April 10, 2019. The decision, after a hearing, determined the amount of costs and attorneys' fees to be awarded to the respondent pursuant to 22 NYCRR 130-1.1.
ORDERED that the appeal is dismissed, without costs or disbursements.
The paper appealed from is a decision, which, after a hearing, determined the amount of costs and attorneys' fees to be awarded to the respondent pursuant to 22 NYCRR 130-1.1. The appeal must be dismissed, as no appeal lies from a decision (see CPLR 5512[a]; Schicchi v J.A. Green Constr. Corp., 100 AD2d 509, 509-510). Although the decision concludes by stating, "This decision constitutes the order of the court," the decision does not actually order anything (see Pecora v Lawrence, 28 AD3d 1136, 1137).
CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court
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