Matter of John H. Betlem v Harvey E. Morse

Matter of Betlem 2005 NY Slip Op 04783 [19 AD3d 1066] June 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 24, 2005

In the Matter of the Estate of John H. Betlem, Deceased. Kenneth J. Betlem, Respondent; Harvey E. Morse, P.A., Appellant. (Appeal No. 1.)

—[*1]Appeal from an order of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered October 23, 2003. The order denied respondent's motion to compel the deposition of petitioner.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Pigott, Jr., P.J., Scudder, Gorski, Martoche and Lawton, JJ.