Matter of Grillo, Deceased
Motion No: 2006-01902
Slip Opinion No: 2006 NYSlipOp 65388(U)
Decided on March 21, 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

M37464

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2006-01902

In the Matter of Lucy Grillo, deceased.

Jeannette Jones, petitioner-respondent;

George L. Lambert, respondent-respondent;

Judith Riedel, objectant-appellant.

(File No. 0809/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled proceeding pending hearing and determination of an appeal from an order of the Surrogate's Court, Westchester County, dated February 16, 2006, and application by the petitioner-respondent for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the application is denied without prejudice to making a formal motion for that relief when the appeal is perfected (see CPLR 8022[b]).

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

ENTER:

James Edward Pelzer

Clerk of the Court