Matter of Apostolidis, 2021 NY Slip Op 02517 [193 AD3d 1041]

April 28, 2021

Appellate Division, Second Department

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In the Matter of Konstantinos Apostolidis, Deceased. Coalition of Landlords, Homeowners & Merchants, Inc., et al., Appellants; Pene Apostolidis, Respondent.

Judith N. Berger, Islandia, NY, for appellants.

In a probate proceeding in which the Coalition of Landlords Homeowners & Merchants, Inc., and Paul Palmieri petitioned pursuant to SCPA 1809 to determine the validity of a claim against the estate of Konstantinos Apostolidis, the Coalition of Landlords, Homeowners & Merchants, Inc., and Paul Palmieri appeal from a decision of the Surrogate’s Court, Suffolk County (Theresa Whalen, S.), dated April 10, 2019. The decision, after a hearing, determined the amount of costs and attorneys’ fees to be awarded to the respondent pursuant to 22 NYCRR 130-1.1.

Ordered that the appeal is dismissed, without costs or disbursements.

The paper appealed from is a decision, which, after a hearing, determined the amount of costs and attorneys’ fees to be awarded to the respondent pursuant to 22 NYCRR 130-1.1. The appeal must be dismissed, as no appeal lies from a decision ( see CPLR 5512 [a]; Schicchi v J.A. Green Constr. Corp. , 100 AD2d 509, 509-510 [1984]). Although the decision concludes by stating, “This decision constitutes the order of the court,” the decision does not actually order anything ( see Pecora v Lawrence , 28 AD3d 1136 , 1137 [2006]). Chambers, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur..