| Matter of Herbst, deceased |
| Motion No: 2011-00967 |
| Slip Opinion No: 2011 NY Slip Op 65300(U) |
| Decided on February 25, 2011 |
| 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
M116109
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2011-00967 In the Matter of Myrtle Herbst, also known as Myrtle E. Herbst, deceased. Brian A. Eisen, appellant; Eric T. Schneiderman, etc., respondent. (File No. 135/06)
| DECISION & ORDER ON MOTION |
Motion by Brian A. Eisen, inter alia, for leave to appeal to this Court from an order of the Surrogate's Court, Putnam County, dated January 27, 2011, and to stay enforcement of the order pending hearing and determination of the appeal.
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 for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court