Matter of Wischerth, deceased
Motion No: 2012-01792
Slip Opinion No: 2012 NY Slip Op 68423(U)
Decided on March 26, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135362

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2012-01792

In the Matter of Rose E. Wischerth, deceased.

Edward Wischerth, et al., respondents; Philip J.

Wischerth, appellant.

(File No. 353042)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay his eviction from the subject premises, pending hearing and determination of an appeal from a decree of the Surrogate's Court, Nassau County, dated January 19, 2012.

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

ORDERED that the motion is denied.

SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court