MATTER OF FREEMAN


198 A.D.2d 897 (1993)

606 N.Y.S.2d 1019

In the Matter of The Estate of James F. Freeman, Deceased

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

November 19, 1993


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 A.D.2d 535; Kuhn v Kuhn, 129 A.D.2d 967; Schicchi v Green Constr. Corp., 100 A.D.2d 509; Matteson v Matteson, 40 A.D.2d 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, entered upon the April 30, 1993 decision (see, CPLR 5520 [c]; cf., Scott v Vassar Bros. Hosp., 133 A.D.2d 76, 77; Schocket v Samuel, 66 A.D.2d 817). The record demonstrates that respondent was not a party who would benefit by the objections that she filed to the accounting, even if sustained (see, Matter of Woods, 36 A.D.2d 880; Matter of Lawrence, 271 App Div 897, appeal dismissed 297 N.Y. 596; Matter of Bernstein, 91 Misc.2d 144, 146; Matter of Bach, 81 Misc.2d 479, 485-486, affd 53 A.D.2d 612). Thus, respondent's objections were properly dismissed. We have reviewed respondent's remaining contentions and we find each one to be lacking in merit.


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