IN RE: Hattie G. Martin

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

IN RE: Hattie G. Martin, deceased.  Miladin Dobric, appellant;  David J. Baron, respondent.  (File No. 1070/08) Miladin Dobric, Long Island City, N.Y., appellant

2010–05276 2010–10356

Decided: November 22, 2011

MARK C. DILLON, J.P. THOMAS A. DICKERSON CHERYL E. CHAMBERS ROBERT J. MILLER, JJ. pro se. Baron & Baron, Esqs., P.C., Forest Hills, N.Y. (David J. Baron, respondent pro se, and Kristen A. Meilak of counsel), for respondent.

Argued—October 14, 2011


In a probate proceeding in which David J. Baron, as executor, petitioned for the judicial settlement of the decedent's estate, the objectant appeals (1) from an order of the Surrogate's Court, Queens County (Nahman, S.), dated May 21, 2010, which, inter alia, granted the petitioner's motion for summary judgment dismissing his objections, and (2) from a decree of the same court dated September 27, 2010, which, upon the order, judicially settled the account.

ORDERED that the appeals are dismissed, with one bill of costs payable by the appellant personally.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the decree in the proceeding (see Matter of Aho, 39 N.Y.2d 241, 248).   The issues raised on the appeal from the order would have been brought up for review on the appeal from the decree.   However, since the appendix filed by the appellant is inadequate to enable this Court to render an informed decision on the merits, the appeal from the decree must be dismissed (see Miller v. Cruise Fantasies, Ltd., 74 AD3d 921;  Marcantonio v. Picozzi, 46 AD3d 522).



Matthew G. Kiernan

Clerk of the Court

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