Appellate Division: Second Judicial Department

M139678

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2010-04400 In the of Matter of Riven Flamenbaum, deceased. Vorderasiatisches Museum, appellant-respondent; Hannah K. Flamenbaum, respondent-appellant; Israel Flamenbaum, objectant-respondent. (File No. 328146)

DECISION & ORDER ON MOTION

Motion by Hannah K. Flamenbaum, inter alia, for leave to reargue an appeal and cross appeal from an order of the Surrogate's Court, Nassau County, dated March 30, 2010, which were determined by decision and order of this Court dated May 30, 2012, or, in the alternative, pursuant to CPLR 5602(b)(1) for leave to appeal to the Court of Appeals from the decision and order of this Court and to stay enforcement of the decision and order of this Court pending hearing and determination of the appeal in the Court of Appeals.

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 pursuant to CPLR 5602(b)(1) for leave to appeal to the Court of Appeals is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the decision and order of this Court pending hearing and determination of the appeal in the Court of Appeals is granted to the extent that all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal in the Court of Appeals or further order of the Court of Appeals; and it is further,

ORDERED that pending hearing and determination of the appeal in the Court of Appeals or further order of the Court of Appeals, counsel for Hannah K. Flamenbaum shall (1) continue to hold in escrow the personal property in possession of the estate of Riven Flamenbaum that is the subject of this appeal in a safe deposit box of a Nassau County branch of a nationally chartered bank, (2) disclose the location of the subject personal property to the Vorderasiatisches Museum's counsel, if it has not already done so, and (3) allow the Vorderasiatisches Museum to inspect the subject personal property on reasonable notice; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the following question is certified to the Court of Appeals: Was the decision and order of this Court dated May 30, 2012, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court