Matter of Kimball, deceased
Motion No: 2013-07987
Slip Opinion No: 2013 NY Slip Op 85144(U)
Decided on September 12, 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

M162137

E/nl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-07987

In the Matter of Norman H. Kimball,

deceased.

Seth Kimball, et al., respondents;

Zelda Stern Kimball, appellant.

(File No. 660/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Surrogate's Court, Rockland County, dated June 28, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 11, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 11, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court