| Matter of Mammana, deceased |
| Motion No: 2008-05414 |
| Slip Opinion No: 2008 NYSlipOp 76913(U) |
| Decided on July 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. |
Appellate Division: Second Judicial Department
M72686
E/sl
DAVID S. RITTER, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-05414 In the Matter of Salvatore Mammana, a/k/a Sal Mammana, deceased. Vito Mammana, appellant; Lorraine Mammana, et al., respondents. (File No. 4931/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents Lorraine Mammana, Jennifer Mammana, and Salvatore Michael Mammana on an appeal from an order of the Surrogate's Court, Kings County, dated May 15, 2008, inter alia, for a declaration that no automatic stay pursuant to CPLR 5519(a)(5) is in effect pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for a declaration is granted and it is declared that no automatic stay is in effect pursuant to CPLR 5519(a)(5); and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court