| Matter of Davis, deceased |
| Motion No: 2008-02800 |
| Slip Opinion No: 2008 NYSlipOp 68928(U) |
| Decided on April 10, 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
M68901
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
THOMAS A. DICKERSON, JJ.
|
2008-02800 In the Matter of James Davis, deceased. Kenyan Penceal, respondent; Thelma Davis, appellant. (File No. 3134/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Surrogate's Court, Kings County, dated March 19, 2008, pending hearing and determination of an appeal therefrom.
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 enforcement of the order dated March 19, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 12, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 12, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SPOLZINO, J.P., SKELOS, FISHER and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court