| 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. |
Appellate Division: Second Judicial Department
M111094
E/sl
A. GAIL PRUDENTI, P.J.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
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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