| Matter of Pearson, deceased |
| Motion No: 2009-05012 |
| Slip Opinion No: 2009 NY Slip Op 77189(U) |
| Decided on July 2, 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
M88880
E/cb
ANITA R. FLORIO, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-05012
In the Matter of Edna Pearson, etc., deceased. Richard Dromm, appellant; Robert Tetemeyer, respondent.
(File No. 324613)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of and to stay his eviction from the subject premises, pending hearing and determination of an appeal an order of the Surrogate's Court, Nassau County, dated April 24, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is dismissed for failure to file an affidavit of service establishing that service of the order to show cause was effected according to its terms.
FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court