Opinion
2019-08092
04-28-2021
In the Matter of Konstantinos Apostolidis, etc., deceased. Coalition of Landlords, Homeowners & Merchants, Inc., et al., appellants; Pene Apostolidis, respondent.
Judith N. Berger, Islandia, NY, for appellants.
SYLVIA O. HINDS-RADIX HECTOR D. LASALLE ANGELA G. IANNACCI, JJ. (File No. 3311/10)
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