IN RE: Generosa AMMON (2006)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Generosa AMMON, a/k/a Generosa Ammon-Pelosi, a/k/a Generosa Pelosi, deceased. Gerard J. Sweeney, et al., respondents; Daniel J. Pelosi, appellant.

Decided: November 08, 2006

ROBERT W. SCHMIDT, J.P., THOMAS A. ADAMS, MARK C. DILLON, and JOSEPH COVELLO, JJ.

James D. Reddy, P.C., Lindenhurst, N.Y., for appellant. Manton Sweeney Gallo Reich & Bolz, LLP, Rego Park, N.Y. (Frank A. Bolz III and John L. Wolthoff of counsel), for respondent. William P. Parkas, Garden City, N.Y., guardian ad litem for Gregory Ammon, and Ilene Sherwyn, Uniondale, N.Y., guardian ad litem for Alexa Ammon, respondents pro se (one brief filed).

In a probate proceeding, Daniel J. Pelosi appeals from an order of the Surrogate's Court, Suffolk County (Czygier, S.), dated January 31, 2005, which granted the petitioner's motion for summary judgment and dismissed his amended answer.

ORDERED that the appeal is dismissed, with costs payable by the appellant personally to the respondents appearing separately and filing separate briefs.

The appeal from the order dated January 31, 2005, must be dismissed because the right of direct appeal therefrom terminated with the entry of a counter-decree of probate in this proceeding on May 2, 2005 (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647). The appeal from that counter-decree was dismissed by decision and order on motion of this court dated February 10, 2006, for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[c], [e] ).

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