MATTER OF ROSENBERG


14 A.D.2d 879 (1961)

In the Matter of the Probate of The Will of Isador Rosenberg, Deceased. Eleanor Stenberg et al., Appellants; Louis Rosenberg et al., as Executors of Isador Rosenberg, Deceased, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1961


Motion by respondents to dismiss appeal granted.

In our opinion, in view of the issues included in the order, the omission of the one issue does not affect any substantial right of the appellants. Hence, the order is not appealable, and the appeal should be dismissed. We have, however, as indicated, examined the merits of the appeal and, if we did not dismiss the appeal we would be required to affirm the order in any event. Cross motion by appellants for a stay of...

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