Matter of Guthartz, deceased
Motion No: 2008-10863
Slip Opinion No: 2009 NYSlipOp 66217(U)
Decided on March 11, 2009
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

M83604

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-10863, 2008-11550, 2009-00920

In the Matter of Frieda Guthartz, deceased.

Alan Guthartz, et al., appellants; Barnett Guthartz,

et al., respondents-respondents; Eric P. Milgrim,

nonparty-respondent.

(File No. 343312)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a decree of the Surrogate's Court, Nassau County, dated August 21, 2008, and two orders of the same court dated August 21, 2008, and December 12, 2008, respectively, to stay enforcement of the decree and orders and, in effect, to stay their eviction from the subject premises, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court