PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, CENTRA, AND PERADOTTO, JJ.

DOCKET NO. CA 09-01756

IN THE MATTER OF THE ESTATE OF KEVIN W. STANLEY (DECEASED). DIANE R. STANLEY, AS EXECUTRIX, PETITIONER-APPELLANT; LAWRENCE J. MATTAR, ESQ. AS GUARDIAN AD LITEM FOR ASHLEY STANLEY, A MINOR, AND ARCANGELO J. PETRICCA, ESQ., AS GUARDIAN AD LITEM FOR KATHRYN STANLEY, A MINOR, RESPONDENTS-RESPONDENTS, IN THE MATTER OF THE ESTATE OF KATHLEEN A. STANLEY (DECEASED). ———————————————— RICHARD T. STANLEY, AS ADMINISTRATOR, PETITIONER-APPELLANT; LAWRENCE J. MATTAR, ESQ., AS GUARDIAN AD LITEM FOR ASHLEY STANLEY, A MINOR, AND ARCANGELO J. PETRICCA, ESQ., AS GUARDIAN AD LITEM FOR KATHRYN STANLEY, AN MINOR, RESPONDENTS-RESPONDENTS,

Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on August 26, 2009, for a stay of all proceedings to enforce an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on July 7, 2009, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavit of Corey J. Hogan sworn to August 24, 2009, said show cause order with proof of service thereof, the opposing affirmations of Lawrence J. Mattar dated August 25, 2009 and August 31, 2009, the reply affidavit of Corey J. Hogan sworn to September 2, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that permission to appeal is granted sua sponte (see CPLR 5701 [c]), and the motion be, and the same hereby is, denied.

Entered: September 10, 2009

Patricia L. Morgan, Clerk