Springer v. McGinn

Summary

The Appellate Division, Second Department, affirmed an order granting Jacqueline McGinn’s motion to remove the action to the Surrogate’s Court, Suffolk County, because the action involved property and funds of a decedent’s estate. The court dismissed the appeal concerning leave to amend the complaint because no appeal lay as of right and leave to appeal was denied. The court also affirmed the order insofar as reviewed and awarded costs to McGinn.

Holdings

1. No appeal as of right lies from an order that does not determine a motion made on notice, and the court declined to grant leave to appeal.
2. Supreme Court properly granted the defendant's cross-motion under CPLR 325(e) to remove the action to Surrogate's Court because the action involved property and funds of the decedent's estate.

Questions Presented

1. Whether an appeal as of right lies from an order denying the plaintiff's application for leave to amend the complaint.
2. Whether Supreme Court properly removed the action to Surrogate's Court under CPLR 325(e) because the action involved property and funds of a decedent's estate.

Disposition

affirmed