Matter of Schwarzenberger, deceased
Motion No: 2010-06748
Slip Opinion No: 2010 NY Slip Op 88155(U)
Decided on November 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

M111094

E/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, appellant; Marsha

Matthews, etc., et al., respondents.

(File No. 6027/91)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Surrogate's Court, Kings County, dated November 28, 2007, and March 30, 2010, respectively, inter alia, in effect, for leave to amend a decision and order on motion of this Court dated September 27, 2010, which conditioned a stay of the trial in the above-entitled matter upon perfection of the appeals on or before October 25, 2010, for poor person relief, and for the assignment of counsel.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the stay of the trial in the above-entitled matter, granted by the decision and order on motion of this Court dated September 27, 2010, is vacated.

PRUDENTI, P.J., ANGIOLILLO, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court