Matter of Bonora, deceased
Motion No: 2014-03362
Slip Opinion No: 2014 NY Slip Op 71641(U)
Decided on May 8, 2014
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

M173810

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2014-03362

In the Matter of Palma Bonora, deceased.

Gary D. Gotlin, etc., respondent-appellant;

Bruce L. Stein, etc., petitioner-respondent.

(File No. 4663/13)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an order of the Surrogate's Court, Kings County, dated March 28, 2014, pending hearing and determination of an appeal therefrom, and to direct the petitioner-respondent to return "the guardianship funds" to Merrill Lynch Pierce Fenner & Smith, or, in the alternative, to stay the petitioner-respondent from disbursing any money received pursuant to the order dated March 28, 2014, 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 motion is granted to the extent that the petitioner-respondent is stayed from administering the estate, which includes disbursing any money held by the estate, except to pay estate taxes or income taxes, as those taxes become due, and all proceedings in the above-entitled matter are stayed, pending hearing and determination of the appeal, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that on the Court's own motion, the appellant shall perfect the appeal on or before June 6, 2014; and it is further,

ORDERED that on the Court's own motion, the petitioner-respondent shall serve and file a brief, if any, on or before July 11, 2014; and it is further,

ORDERED that on the Court's own motion, the appellant shall serve and file a reply brief, if any, on or before July 28, 2014; and it is further,

ORDERED that on the Court's own motion, the appeal will be calendared expeditiously, after all of the briefs have been filed, with the related appeal pending under Appellate Division Docket No. 2014-02896.

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court