| IN RE: ESTATE OF DAVID M. FRANZ, DECEASED, |
| Motion No: CA 08-02446 |
| Slip Opinion No: 2008 NYSlipOp 91681(U) |
| Decided on December 9, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND PERADOTTO, JJ.
DOCKET NO. CA 08-02446
| IN RE: ESTATE OF DAVID M. FRANZ, DECEASED, RESPONDENT SUE
FRANZ, CLAIMANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradott on November 21, 2008, for a stay of all proceedings to enforce a decision of the Cattaraugus County Surrogate's Court entered in the Office of the Clerk of said Court on October 28, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Sue Franz sworn to November 19, 2008, the affirmation of Raymond P. Kot, II dated November 19, 2008, the affirmation of Raymond P. Kot, II dated November 19, 2008, said show cause order with proof of service thereof, the opposing affidavit of Gerald J. Bella sworn to November 21, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, to the extent that the stay contained in the order to show cause is hereby continued pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before January 8, 2009.
Entered: December 9, 2008
JoAnn M. Wahl, Clerk