Matter of Herbst, deceased
Motion No: 2009-08912
Slip Opinion No: 2009 NY Slip Op 87317(U)
Decided on October 29, 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

M93823

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-08912

In the Matter of Myrtle Herbst, deceased.

Brian Eisen, appellant; Office of the Attorney

General, respondent.

(File No. 135/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Surrogate's Court, Putnam County, dated July 31, 2009, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

DILLON, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court