| IN THE MATTER OF NICHOLAS GIANGAULANO, MARY ANN ALLAN, RICHARD S. ALLAN, GARY L. ALLAN, KENNETH N. ALLAN, JEFFREY R. |
| Motion No: CA 12-00059 |
| Slip Opinion No: 2012 NY Slip Op 62315(U) |
| Decided on January 25, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-00059
| IN THE MATTER OF NICHOLAS GIANGAULANO, MARY ANN ALLAN, RICHARD S.
ALLAN, GARY L. ALLAN, KENNETH N. ALLAN, JEFFREY R. ALLAN, ELIZABETH E. CHAIRES, PETITIONERS-RESPONDENTS, V IN THE MATTER OF
JAY B. BIRNBAUM AND ILENE L. FLAUM, AS CO-TRUSTEES OF TRUST "B" UNDER THE LAST WILL AND TESTAMENT OF BERNARD B. BIRNBAUM,
DECEASED, RESPONDENTS-APPELLANTS. |
Appellants having moved pursuant to CPLR 5519 for a stay of the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 29, 2011,
Now, upon reading and filing the affirmations of Karl S. Essler, Esq., dated January 3, 2012, and January 13, 2012, the notice of motion with proof of service thereof
the affidavit of Ryan F. McCann, Esq., sworn to January 12, 2012, and the affirmation of Joseph A. Matteliano, Esq., dated January 12, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: January 25, 2012
Frances E. Cafarell, Clerk