Matter of Martin, Deceased; Bessemer Trust Company, NA
Motion No: 2005-11826
Slip Opinion No: 2006 NYSlipOp 63208(U)
Decided on February 23, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36279

C/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11826

In the Matter of Esmond Bradley Martin, deceased.

Bessemer Trust Company, NA, petitioner;

Serina M. Sanchez, et al., respondents-respondents;

Florence S. Furst, et al., objectants-respondents;

Alastair B. Martin, nonparty-appellant.

(File No. 323871)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay enforcement of an order of the Surrogate's Court, Nassau County, dated November 28, 2005, pending hearing and determination of an appeal therefrom and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a preference is granted; the appeal will be calendared when it is fully perfected; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court