IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED.
Motion No: CA 11-02585
Slip Opinion No: 2012 NY Slip Op 62941(U)
Decided on January 26, 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.


January 26, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-02585

IN THE MATTER OF THE ESTATE OF STANLEY A. WAGNER, DECEASED.



JAAN AARISMAA, IV, PETITIONER-APPELLANT;

JOHN L. WAGNER, AS EXECUTOR OF THE ESTATE OF STANLEY A.

WAGNER, DECEASED, RESPONDENT-RESPONDENT.


Appellant having moved for a decision on the appeal prior to perfection of the appeal, leave to appeal to the Court of Appeals, and other relief on the appeal taken from a judgment and decree of the Seneca County Surrogate's Court entered in the Office of the Clerk of said court, on October 27, 2011, and

Respondent having cross-moved for sanctions, attorney's fees, an injunction, and other relief,

Now, upon reading and filing the affidavits of Jaan Aarismaa, IV, sworn to December 21, 2011, and January 5, 2012, the affidavit of Mark B. Wheeler, Esq., received to January 4, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are denied.

Entered: January 26, 2012

Frances E. Cafarell, Clerk