Appellate Division: Second Judicial Department

M116872

E/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-01346 In the Matter of Oswald Jordan, deceased. Victor Jordan, appellant; Lenna Susannah Jordan, respondent. (File No. 3785/10)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of a decree of the Surrogate's Court, Kings County, dated January 20, 2011, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the Court's own motion, the notice of appeal from an order of the same court dated December 30, 2010, is deemed to be a premature notice of appeal from the decree dated January 20, 2011 (see CPLR 5520[a]); and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the decree dated January 20, 2011, as issued letters of administration to Lenna Susannah Jordan is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 8, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 8, 2011, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court