| Matter of Schwarzenberger, deceased |
| Motion No: 2010-06748 |
| Slip Opinion No: 2010 NY Slip Op 83494(U) |
| Decided on September 27, 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
M108862
T/sl
A. GAIL PRUDENTI, P.J.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
|
2010-06748, 2010-06749 In the Matter of Ira Schwarzenberger, deceased. Helene Schwarzenberger, petitioner-appellant; Marsha Matthews, etc., et al., respondents-respondents. (File No. 6027/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the trial in the above-entitled matter pending hearing and determination of appeals from two orders of the Surrogate's Court, Kings County, dated November 28, 2007, and March 30, 2010, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the trial in the above-entitled matter is granted, and the trial in the above-entitled matter is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 25, 2010; and it is further,
ORDERED that in the event the appeals are not perfected on or before October 25, 2010, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., ANGIOLILLO, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court