Matter of Martin, deceased
Motion No: 2008-10246
Slip Opinion No: 2009 NY Slip Op 75165(U)
Decided on June 15, 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

M87956

E/sl

A. GAIL PRUDENTI, P.J.

PETER B. SKELOS

FRED T. SANTUCCI

THOMAS A. DICKERSON, JJ.

2008-10246

In the Matter of Hattie G. Martin, deceased.

Miladin Dobric, appellant; David J. Baron,

respondent.

(File No. 1070/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Surrogate's Court, Queens County, dated October 29, 2008, inter alia, to strike the respondent's brief on the ground that it is based on "falsehood and oriented to mislead the court" and "to reargue vacator [sic] of stay and, on reargument, to reinstate" the stay.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., SKELOS, SANTUCCI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court