Appellate Division: Second Judicial Department

M47216

S/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN, JJ.

2006-09112 In the Matter of the Town of North Hempstead Community Development Agency, etc., respondent; Margaret Savage, etc., nonparty- appellant. (Index No. 3558/05)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered August 11, 2006, pending hearing and determination of an appeal therefrom. Separate motion by the respondent to vacate the temporary restraining order contained in the order to show cause signed by a Justice of this court, dated October 23, 2006.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that on the court's own motion the respondent is directed to make an application, forthwith, to the Surrogate's Court, Nassau County, for the appointment of a personal representative for the deceased appellant (see CPLR 1015[a]; 1021); and it is further,

ORDERED that the appeal and the motions are held in abeyance pending the appointment of a personal representative for the deceased appellant; and it is further,

ORDERED that within 60 days of the date of this order the respondent is directed to promptly notify this court of the determination by the Surrogate's Court, Nassau County, of the application for the appointment of a personal representative, or the status of said application.

MASTRO, J.P., RIVERA, SPOLZINO and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court