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Matter of Foglia

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1969
32 A.D.2d 836 (N.Y. App. Div. 1969)

Opinion

June 30, 1969


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.


Summaries of

Matter of Foglia

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1969
32 A.D.2d 836 (N.Y. App. Div. 1969)
Case details for

Matter of Foglia

Case Details

Full title:In the Matter of the Estate of ANTHONY R. FOGLIA, Deceased. OLGA E…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1969

Citations

32 A.D.2d 836 (N.Y. App. Div. 1969)
303 N.Y.S.2d 206

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