MATTER OF MIGUEL BRION, DECEASED. JUAN BRION, res, MICHAEL BRION, ap — (FILE NO. 3983/11) — Appeal by Michael Brion from an order of the Surrogate's Court, Kings County, dated September 12, 2012.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.

SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.