In re Murphy

In a probate proceeding to direct the sale of real property pursuant to SCPA article 19, the appeal is from an order of the Surrogate’s Court, Richmond County (D’Arrigo, S.), dated June 18, 1990, which dismissed the petition without prejudice, as academic.

Ordered that the order is affirmed, without costs or disbursements.

The decedent, Florence Murphy, died a resident of Richmond County on June 4, 1986, and her will, which was duly admitted to probate on October 10, 1986, named her four children, the petitioner Rose McBrien, and the appellants, Frank Murphy, Jr., John M. Murphy, and Charles J.…