| Matter of Martin |
| 2010 NY Slip Op 00965 [70 AD3d 830] |
| February 9, 2010 |
| Appellate Division, Second Department |
| In the Matter of the Estate of Hattie G. Martin, Deceased. MiladinDobric, Appellant; David J. Baron, Respondent. |
—[*1] Baron & Baron, Forest Hills, N.Y. (David J. Baron, pro se, of counsel), forrespondent.
In a proceeding pursuant to SCPA 1412 (3) (a) for an order authorizing David J. Baron, aspreliminary executor of the estate of Hattie G. Martin, to sell shares in a cooperative apartmentto satisfy the debts and the ongoing administration expenses of the estate, Miladin Dobricappeals from an order of the Surrogate's Court, Queens County (Nahman, S.), dated October 29,2008, which, upon a decision of the same court dated October 6, 2008, made after a nonjury trial,authorized the sale.
Ordered that the appeal is dismissed, without costs or disbursements.
The appellant has failed to comply with the decision and order on motion of this Court datedMarch 20, 2009, requiring him to file the exhibits marked and received into evidence by theSurrogate's Court, Queens County. As the appendix filed by the appellant is inadequate to enablethis Court to render an informed decision on the merits, the appeal must be dismissed (seeCross Westchester Dev. Corp. v Sleepy Hollow Motor Ct., 222 AD2d 644 [1995]). Skelos,J.P., Santucci, Dickerson and Roman, JJ., concur.