Matter of Astor, deceased
Motion No: 2008-00767
Slip Opinion No: 2008 NYSlipOp 89219(U)
Decided on November 17, 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

M78613

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-00767, 2008-09412

In the Matter of Brooke Russell Astor, deceased.

Anthony D. Marshall, appellant; JP Morgan Chase

Bank, N.A., et al., respondents.

(File No. 2127/07)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Surrogate's Court, Westchester County, dated January 4, 2008, and September 5, 2008, respectively, to stay enforcement of stated portions of the order dated September 5, 2008, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

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 enforcement of stated portions of the order dated September 5, 2008, is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted, and the appeals will be calendared expeditiously after all the briefs have been filed.

SKELOS, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court