Appellate Division: Second Judicial Department

M172571

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-10274 In the Matter of Ana Beatrix Marin, decea Carla L. Marin, petitioner-appellant; Debra Marin, et al., respondents; Town of Southe nonparty-respondent. (File No. 207/07)

DECISION & ORDER ON MOTION sed. ast,

Motion by the appellant to confirm that an automatic stay of all proceedings is in effect pursuant to 11 U.S.C.A. § 362 on an appeal from an order of the Surrogate's Court, Putnam County, dated July 11, 2013, as a result of a Chapter 13 bankruptcy proceeding entitled Matter of Marin, pending in the Bankruptcy Court for the Southern District of New York, under Case No. 12-23649, or, in the alternative, to stay all proceedings in the above-entitled matter as well as a related action commenced by the Town of Southeast against the Estate of Ana Beatrix Marin pending hearing and determination of the appeal, and to enlarge the time to perfect 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 to confirm that an automatic stay is in effect is denied without prejudice to seeking a determination of that issue in the Bankruptcy Court for the Southern District of New York; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter as well as a related action commenced by the Town of Southeast against the Estate of Ana Beatrix Marin pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the

appeal is denied without prejudice to renew after the Bankruptcy Court for the Southern District of New York determines whether an automatic stay pursuant to 11 U.S.C.A. § 362 is in effect.

BALKIN, J.P., DICKERSON, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court