| Matter of Robinson, deceased |
| Motion No: 2010-01893 |
| Slip Opinion No: 2010 NY Slip Op 68133(U) |
| Decided on April 12, 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
M101241
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
SHERI S. ROMAN, JJ.
|
2010-01893 In the Matter of Carole Robinson, a/k/a Carol Robinson, deceased. Carolyn Lutecia Taylor, etc., appellant; Home Heating Oil, Inc., respondent. (File No. 445/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decree of the Surrogate's Court, Kings County, dated December 23, 2009, pending hearing and determination of an appeal therefrom and waive the posting of an appeal bond because of an existing bond obtained by the appellant in favor of the respondent. Cross motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements, (see CPLR 5513); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., FLORIO, MILLER and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court