| Matter of Greenfield, deceased |
| Motion No: 2007-09516 |
| Slip Opinion No: 2008 NYSlipOp 68781(U) |
| Decided on April 9, 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. |
Appellate Division: Second Judicial Department
M68316
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
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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 Isabel Friedman, Barbara Rose, Jerome Kimmel, and Anita Stein, the distributees of the estate of Harvey Greenfield, in effect, to amend a decision and order on motion of this court dated November 13, 2007, which stayed 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, by providing that the Surrogate's Court, Kings County, may distribute to estate beneficiaries any of the assets of the subject estate that are not claimed by the appellant to be necessary to pay the legal fees owed to him.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as unnecessary, without prejudice to the movants seeking relief in the Surrogate's Court, Kings County.
We note that the decision and order on motion of this court dated November 13, 2007, only stayed "proceedings involving the allocation of legal fees in the above-entitled proceedings," and did not stay the distribution of any of the assets of the estates that are not necessary to pay the legal fees at issue.
PRUDENTI, P.J., FISHER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court