Matter of Mercer, deceased
Motion No: 2013-03134
Slip Opinion No: 2013 NY Slip Op 70002(U)
Decided on April 10, 2013
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

M154417

E/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SYLVIA HINDS-RADIX, JJ.

2013-03134

In the Matter of Norman J. Mercer, deceased.

BNY Mellon, N.A., et al., petitioners; Howard

Mercer, et al., objectants; James G. Spiess,

Guardian Ad Litem.

(File Nos. 211/08/D/E/F/G/H)

DECISION & ORDER ON MOTION

Motion by the objectants for leave to appeal to this Court from an order of the Surrogate's Court, Suffolk County, entered February 25, 2013, and to stay enforcement of the order, pending hearing and determination of the appeal.

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 for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court