Matter of Carvel, Deceased
Motion No: 2006-01283
Slip Opinion No: 2006 NYSlipOp 63346(U)
Decided on February 28, 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

M36436

Y/nal

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2006-01283

In the Matter of Agnes Carvel, deceased.

Leonard Ross, petitioner; Pamela Carvel,

et al., respondents.

(File No. 2165/98)

DECISION & ORDER ON MOTION

Motion by Pamela Carvel for leave to appeal to this court from an order of the Surrogate's Court, Westchester County, dated December 29, 2005, and to stay enforcement of the order pending hearing and determination 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 leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHMIDT, J.P., KRAUSMAN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court