Appellate Division: Second Judicial Department

M103167

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-04522 In the Matter of Debra Eirand-Herskowitz, petitioner-respondent, v Mt. Carmel Cemetery Association, respondent, Jean Herskowitz, et al., appellants. (Index No. 12952/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, dated April 23, 2010, and to enjoin the petitioner-respondent, or anyone acting on her behalf, including the Mt. Carmel Cemetery Association, from taking any action to disinter the remains of Jamie Herskowitz, pending hearing and determination of an appeal from the order.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and enforcement of the order is stayed and the petitioner-respondent, or anyone acting on her behalf, including the Mt. Carmel Cemetery Association, are enjoined from taking any action to disinter the remains of Jamie Herskowitz, pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 15, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 15, 2010, the court, on its own motion, may vacate the stay and the injunction, or the respondent may move to vacate the stay and the injunction, on three days notice.

DILLON, J.P., MILLER, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court