PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 10-00145, CA 10-00147 AND CA 10-00149

MATTER OF ESTATE OF PATRICIA HOLLINS, DECEASED. MONICA WALTERS AND EBONY HOPE DIGGS-HARRIS, PETITIONERS-APPELLANTS; FRANK B. IACOVANGELO, PUBLIC ADMINISTRATOR, MONROE COUNTY, AND FITZSIMMONS, NUNN, FITZSIMMONS & PLUKAS, LLP, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.) MATTER OF ESTATE OF PATRICIA HOLLINS, DECEASED. ————————————————————- FRANK B. IACOVANGELO, PUBLIC ADMINISTRATOR, MONROE COUNTY, PETITIONER-RESPONDENT; MONICA WALTERS AND EBONY HOPE DIGGS-HARRIS, RESPONDENTS-APPELLANTS; FITZSIMMONS, NUNN, FITZSIMMONS & PLUKAS, LLP, RESPONDENTS-RESPONDENTS. (APPEALS NO. 2 & 3.)

Appellant having moved upon the return of an order to show cause granted by the Honorable Elizabeth Pine on January 21, 2010 for a preliminary injunction enjoining respondent Frank B. Iacovangelo from taking certain actions with respect to a settlement reached with the University of Rochester Medical Center/Strong Memorial Hospital pending the determination of appeals taken from a decree, an order and a decree of the Surrogate's Court entered in the office of the Clerk of said Court on August 5, 2008, December 30, 2009 and January 4, 2010, respectively,

Now, upon reading and filing the affirmation of Stanley J. Collesano dated January 15, 2010, said show cause order with proof of service thereof, the affirmation of Mark S. Nunn dated January 20, 2010, the affidavit of Frank B. Iacovangelo sworn to January 21, 2010, the affidavit

DOCKET NOS. CA 10-00145, CA 10-00147 AND CA 10-00149

JANUARY 27, 2010

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of Anderson Hollins sworn to January 25, 2010, the reply affirmation of Stanley J. Collesano dated January 26, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that Frank B. Iacovangelo, Public Administrator, Monroe County, is restrained and enjoined from disbursing the subject settlement funds pending the hearing and determination of the appeals taken herein, and

It if further ORDERED that appellants shall perfect the appeals on or before March 12, 2010 and the appeals shall be added to the term of this Court commencing May 17, 2010, and, in the event of failure to so perfect, the instant restraining order is vacated without further order, and

It is further ORDERED that respondents shall file and serve briefs on or before April 16, 2010, and

It is further ORDERED that the motion is otherwise denied.

Entered: January 27, 2010

Patricia L. Morgan, Clerk