Matter of Hicks, deceased
Motion No: 2008-08814
Slip Opinion No: 2010 NY Slip Op 66779(U)
Decided on March 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100425

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2008-08814, 2009-03783

In the Matter of John Henry Hicks, deceased.

Genesis Holding of Nassau, LLC, appellant;

Public Administrator of Queens County,

respondent.

(File No. 3664/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order and decree (one paper) of the Surrogate's Court, Queens County, dated September 2, 2008, and an order of the same court dated March 27, 2009, and to stay the respondent from distributing up to $73,500 from the estate, pending hearing and determination of the appeals.

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

ORDERED that the motion is granted and enforcement of the order and decree dated September 2, 2008, and the order dated March 27, 2009, and distribution by the respondent of up to $73,500 from the estate are stayed, pending hearing and determination of the appeals.

MASTRO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court