| Matter of Acker, deceased |
| Motion No: 2013-08047 |
| Slip Opinion No: 2013 NY Slip Op 84079(U) |
| Decided on September 3, 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. |
Appellate Division: Second Judicial Department
M161618
S/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2013-08047 In the Matter of Stanley Acker, deceased. Arlene Acker, respondent, et al., petitioner; David Acker, et al., appellants.
(File No. 603/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Surrogate's Court, Rockland County, dated July 10, 2013, pending hearing and determination of an appeal therefrom, and to enlarge the record to include the papers submitted in connection with Arlene Acker's original motion for summary judgment.
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 a stay is granted and enforcement of the order dated July 10, 2013, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 30, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 30, 2013, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court