| Matter of Albarino, deceased |
| Motion No: 2009-02068 |
| Slip Opinion No: 2009 NYSlipOp 67873(U) |
| Decided on March 27, 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. |
Appellate Division: Second Judicial Department
M84411
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-02068, 2009-02075 In the Matter of Rose F. Albarino, deceased. Henry D. Becker, appellant; Roxanne Kelly, et al., respondents. (File No. 312/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of two orders of the Surrogate's Court, Westchester County, both dated January 29, 2009, as directed him to return the sum of $120,902.25 to the estate, pending hearing and determination of appeals from the orders.
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 so much of the two orders both dated January 29, 2009, as directed the appellant to return the sum of $120,902.25 to the estate is stayed pending hearing and determination of the appeals, on condition that on or before April 10, 2009, the appellant place the sum of $120,902.25 in an escrow account.
FISHER, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court