MOTION NO. 123/08 IN THE MATTER OF THE JUDICIAL SETTLEMENT OF MICHAEL DUFFY, AS EXECUTOR OF THE ESTATE OF ELEANOR G.
Motion No: CA 06-03559
Slip Opinion No: 2008 NYSlipOp 75149(U)
Decided on June 6, 2008
Appellate Division, Fourth 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.


June 6, 2008

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 06-03559

MOTION NO. 123/08

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF MICHAEL DUFFY, AS

EXECUTOR OF THE ESTATE OF ELEANOR G. KOPEC, DECEASED,

PETITIONER-APPELLANT.



GILBERT H. STONE, OBJECTANT-RESPONDENT.


Petitioner having moved for leave to appeal to the Court of Appeals from the order of this Court entered February 1, 2008,

Now, upon reading and filing the affirmation of Gary J. O' Donnell dated February 27, 2008, the notice of motion with proof of service thereof, the opposing affirmation of James L. Sonneborn dated April 9, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: June 6, 2008

JoAnn M. Wahl, Clerk