| Matter of Coleman, a/k/a Colemen, deceased |
| Motion No: 2009-02507 |
| Slip Opinion No: 2009 NYSlipOp 69484(U) |
| Decided on April 13, 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
M85023
E/cb
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2009-02507 In the Matter of Edna Coleman, a/k/a Edna Elizabeth Colemen, deceased. Leo Beitner, nonparty appellant. (File No. 534/06)
| DECISION & ORDER ON MOTION |
Motion by Leo Beitner, in effect, for leave to appeal to this court from so much of an order of the Surrogate's Court, Kings County, dated December 4, 2008, as, sua sponte, disqualified him from appearing in the petitioner in the above-entitled matter, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated December 4, 2008, is denied.
DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court