| Matter of Cunningham, deceased |
| Motion No: 2008-05031 |
| Slip Opinion No: 2008 NYSlipOp 78773(U) |
| Decided on July 28, 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
M73764
E/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2008-05031 In the Matter of Joseph Cunningham, deceased. Rose Cunningham, appellant; Public Administrator of Queens County, respondent. (File No. 1176/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of the subject real property, located at 28-24 212th Street, Bayside, New York, pending hearing and determination of an appeal from an order of the Surrogate's Court, Queens County, dated April 17, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the sale of the subject real property is granted, and the sale of the real property located at 28-24 212th Street, Bayside, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 27, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 27, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court