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MATTER OF HERSH

File No. 4035E/07. 2019-01182. 2019-02036.

198 A.D.3d 766 (2021)

156 N.Y.S.3d 243

2021 NY Slip Op 05564

In the Matter of George Hersh, Deceased. Esther Rachel Hersh, Appellant-Respondent; Mark Hersh et al., Respondents-Appellants, et al., Respondents.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

T. Kevin Murtha & Associates, P.C., Westbury, NY ( William Bird III of counsel), for appellant-respondent.

Gusrae Kaplan Nusbaum PLLC, New York, NY ( Ryan J. Whalen of counsel), for respondents-appellants.

LaSalle, P.J., Austin, Barros and Wooten, JJ., concur.

Ordered that the appeal and cross appeal from the order are dismissed, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]), and leave to appeal has not been granted; and it is further,

Ordered that the decree is modified, on the facts, by deleting the provision thereof dismissing the first cause of action in the amended petition, which sought declaratory...

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