| Matter of Nelson, deceased |
| Motion No: 2014-03855 |
| Slip Opinion No: 2014 NY Slip Op 72944(U) |
| Decided on May 22, 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. |
Appellate Division: Second Judicial Department
M174517
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2014-03855 In the Matter of Murray Nelson, deceased. Arnold Nelson, appellant; Sabrina Nelson, et al., respondents. (File No. 334736)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated May 9, 2014, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to stay enforcement of stated portions of an order of the Surrogate's Court, Nassau County, dated March 31, 2014, pending hearing and determination of an appeal from the order, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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 stay enforcement of stated portions of the order dated March 31, 2014, is denied; and it is further,
ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied with leave to renew when the appeal is perfected.
SKELOS, J.P., DILLON, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court