Matter of Abady, deceased
Motion No: 2009-08916
Slip Opinion No: 2009 NY Slip Op 89620(U)
Decided on November 25, 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

M95083

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-08916, 2009-10371

In the Matter of William Abady, deceased.

Maya L. Sherpa, appellant;

Erica Kaye, respondent.

(File No. 97315/08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the administratrix CTA from transferring any real or personal property of the estate, pending hearing and determination of appeals from an order of the Surrogate's Court, Dutchess County, dated August 21, 2009, and a decree of the same court dated October 21, 2009.

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

ORDERED that the motion is granted to the extent that distribution of estate assets is stayed, pending hearing and determination of the appeals, except that the administratrix CTA may continue to pay any expenses necessary to administer the estate and to ready the estate assets for distribution, and the motion is otherwise denied.

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court