Matter of Gerbacia, deceased; Viviano, Maria
Motion No: 2005-11124
Slip Opinion No: 2006 NYSlipOp 69941(U)
Decided on June 6, 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

M40489

C/sl

ROBERT W. SCHMIDT, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-11124

In the Matter of Martha Gerbacia, deceased.

Maria Viviano, appellant; George Gerbacia,

et al., respondents.

(File No. 3218/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the distribution of the subject estate pending hearing and determination of an appeal from an order and decree (one paper) of the Surrogate's Court, Queens County, dated October 11, 2005.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court