Legal Opinion

In re the Estate of Freeman

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

Decided November 19, 1993PublishedCited by 3 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: The notice of appeal states that the appeal is taken from the decision of Surrogate Mattina, dated April 30, 1993 and entered June 7, 1993. The law is settled that no appeal lies from a decision (see, People ex rel. Aguilar v Kelly, 143 AD2d 535; Kuhn v Kuhn, 129 AD2d 967; Schicchi *898v Green Constr. Corp., 100 AD2d 509; Matteson v Matteson, 40 AD2d 1079). Nonetheless, we exercise our power, in the interests of justice, to treat the notice of appeal as a premature notice of appeal from an order of the Surrogate’s Court, dated July 6, 1993,…

2Cases cited8 opinions

  1. Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Kuhn v. KuhnAppellate Division of the Supreme Court of the State of New York · 1987
  3. In re the Estate of BachNew York Surrogate's Court · 1975
  4. Scott v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1987
  5. People ex rel. Aguilar v. KellyAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by3 opinions

  1. EVERETT, REBECCA J., MTR. OFAppellate Division of the Supreme Court of the State of New York · 2013
  2. In re the Estate of SchultzAppellate Division of the Supreme Court of the State of New York · 2013
  3. In re the Estate of SchultzAppellate Division of the Supreme Court of the State of New York · 2013

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