Matter of Menahem, deceased
Motion No: 2008-01814
Slip Opinion No: 2008 NYSlipOp 66365(U)
Decided on March 13, 2008
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

M67520

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-01814

In the Matter of Joseph Menahem, deceased.

Dorette Dayan, respondent; Chaim Schwartz,

et al., appellants.

(File No. 4191/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a decree of the Surrogate's Court, Kings County, dated December 12, 2007, inter alia, to stay all proceedings to evict them in an action entitled Dayan v Menahem, pending in the Civil Court of the City of New York, County of Kings, under Index No. 53063/08, 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 motion is denied.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court