Appellate Division: Second Judicial Department

M62292

E/sl

GLORIA GOLDSTEIN, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-09516 In the Matter of Harvey Greenfield, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 1) In the Matter of Rosemarie Carlson, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 2) In the Matter of Fannie Lupman, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 3) In the Matter of Henry Holder, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 4) In the Matter of Freida Holder, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 5) (File Nos. 2978/00, 4848/01, 2517/04, 4251/96, 4597/97)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay all proceedings involving the allocation of legal fees in the above-entitled proceedings pending hearing and determination of an appeal from an order of the Surrogate's Court, Kings County, dated September 7, 2007.

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

ORDERED that the motion is granted, and all proceedings involving the allocation of legal fees in the above-entitled proceedings are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 13, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 13, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

GOLDSTEIN, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court