| IN THE MATTER OF THE TRUST UNDER THE WILL OF HAROLD HENRY, DECEASED. |
| Motion No: CA 09-00891 |
| Slip Opinion No: 2009 NY Slip Op 72898(U) |
| Decided on May 13, 2009 |
| 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: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-00891
| IN THE MATTER OF THE TRUST UNDER THE WILL OF HAROLD HENRY,
DECEASED. WILLIAM HENRY AND SUZANNE HENRY, PETITIONERS-RESPONDENTS; MARK HENRY, RESPONDENT-APPELLANT, ET AL.,
RESPONDENTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Eugene M. Fahey on April 30, 2009, to vacate an ex parte temporary restraining order of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on April 29, 2009,
Now, upon reading and filing the affidavit of Mark Henry sworn to April 30, 2009, the affidavit of Charles C. Ritter, Jr. sworn to April 30, 2009, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and the temporary restraining order contained in the order entered April 29, 2009 is hereby vacated.
Entered: May 13, 2009
Patricia L. Morgan, Clerk