| Joseph C. Mitchell & Donald Scherer, As Executors of Estate of Frances B. Todman v Andrew P. Thompson, As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally |
| Motion No: 2007-00664 WC |
| Slip Opinion No: 2009 NYSlipOp 65272(U) |
| Decided on February 26, 2009 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| JOSEPH C. MITCHELL and DONALD SCHERER, as Executors of the Estate of FRANCES B. TODMAN, Respondents, -against- ANDREW P. THOMPSON, as Executor of the Estate of MARGARET J. THOMPSON and ANDREW P. THOMPSON, Personally, Appellant. |
DECISION
On the court's own motion, motions returnable December 11, 2008 and January 16, 2009 are consolidated for disposition.
Those branches of the motion by landlords-respondents seeking reargument of order of this court dated October 27, 2008 and, upon reargument, affirmance of the final judgment or, in the alternative, abeyance of the appeal are denied.
That branch of the motion seeking the release of funds on deposit is denied without prejudice to renewal following trial.
Motion by appellant seeking, in essence, reargument of order of this dated October 27, 2008 is also denied.
McCabe, J., taking no part.