| Matter of Benjamin, deceased |
| Motion No: 2009-06457 |
| Slip Opinion No: 2010 NY Slip Op 61612(U) |
| Decided on January 22, 2010 |
| 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
M97597
S/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-06457 In the Matter of Calvin E. Benjamin, deceased. Janet Benjamin, et al., respondents; George B. Headley, etc., nonparty-appellant. (File No. 905/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents William Gilkes, Albert Gilkes, and Clarisa Gilkes, on an appeal from a decree of the Surrogate's Court, Kings County, dated May 1, 2009, to hold the appellant in contempt for failing to comply with the provision of the decree which directed him to refund the sum of $25,000 to the estate.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to seeking relief in the Surrogate's Court, Kings County.
FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court