| Matter of Martin, deceased |
| Motion No: 2008-10246 |
| Slip Opinion No: 2008 NYSlipOp 90689(U) |
| Decided on December 3, 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
M79348
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2008-10246 In the Matter of Hattie G. Martin, deceased. Miladin Dobric, appellant; David J. Baron, respondent. (File No. 1070/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of an order of the Surrogate's Court, Queens County, dated October 29, 2008, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 2, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 2, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SKELOS, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court