| Matter of Brown, deceased |
| Motion No: 2008-09550 |
| Slip Opinion No: 2008 NYSlipOp 89393(U) |
| Decided on November 18, 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
M78695
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-09550 In the Matter of Janet Brown, etc., deceased. Simone Levitt, respondent; Elaine Edelstein, etc., appellant. (File No. 345972)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Surrogate's Court, Kings County, dated September 30, 2008, as well as discovery and all further proceedings, pending hearing and determination of an appeal from the order. Cross motion by the respondent for an undertaking, to vacate a temporary restraining order contained in an order to show cause of this court dated November 10, 2008, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the motion which is to vacate a temporary restraining order contained in an order to show cause of this court dated November 10, 2008, is denied as academic; and it is further,
ORDERED that the cross motion is otherwise denied.
DILLON, J.P., COVELLO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court