Legal Opinion

In re the Estate of Braloff

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

Decided May 23, 1955PublishedCited by 1 opinion

1Opinion of the Court

Petitioner appeals from an ex parte order of the Surrogate’s Court, Nassau County, denying his application for an order to institute a discovery proceeding pursuant to section 205 of the Surrogate’s Court Act. Appeal dismissed, without costs. An appeal does not lie from an ex parte order. (Matter of Costello, 117 App. Div. 807; Moore v. American Molasses Co., 179 App. Div. 505; People ex rel. Ackerman v. Lumb, 6 App. Div. 26.) In any event, we have examined the merits and find no abuse of discretion, Nolan, P, J., MacCrate, Schmidt, Murphy and Ughetta, JJ., concur,

2Cases cited3 opinions

  1. People ex rel. Ackerman v. LumbAppellate Division of the Supreme Court of the State of New York · 1896
  2. Moore v. American Molasses Co.Appellate Division of the Supreme Court of the State of New York · 1917
  3. In re the Transfer Tax upon the Estate of CostelloAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. In re the Estate of TheirichNew York Surrogate's Court · 1957