Matter of Gilmore, deceased
Motion No: 2010-01270
Slip Opinion No: 2010 NY Slip Op 71752(U)
Decided on May 17, 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

M102943

E/sl

STEVEN W. FISHER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-01270

In the Matter of Roy Gilmore, Sr., etc., deceased.

Andrea Hofler, respondent; Angela Manning,

appellant.

(File No. 346747)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a SCPA 1404 examination of the deceased's last will and testament in the above-entitled matter pending hearing and determination of an appeal from an order of the Surrogate's Court, Nassau County, dated December 23, 2009.

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

ORDERED that the motion is denied.

FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court