Matter of Kelligrew, deceased
Motion No: 2008-04737
Slip Opinion No: 2008 NYSlipOp 73480(U)
Decided on June 2, 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

M71238

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2008-04737

In the Matter of Sydna Kelligrew, a/k/a

Sydna Marcus Kelligrew, deceased.

John Kelligrew, respondent; Alicea

Kelligrew, et al., appellants.

(File No. 2186/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a decree of the Surrogate's Court, Westchester County, dated April 21, 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 decree is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 2, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 2, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., LIFSON, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court