| Matter of Courant, deceased |
| Motion No: 2014-02016 |
| Slip Opinion No: 2014 NY Slip Op 74269(U) |
| Decided on June 6, 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
M174485
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2014-02016 In the Matter of Nina Courant, deceased. Gertrude Courant Moser, petitioner-appell respondent; Lori Berkowitz Lax, responde respondent-appellant. (File No. 1424/91)
| DECISION & ORDER ON MOTION ant- nt |
Motion by Lori Berkowitz Lax to disqualify Emery, Celli, Brinckerhoff & Abady, LLP, and Richard Emery from representing Gertrude Courant Moser on an appeal and cross appeal from an order of the Surrogate's Court, Westchester County, dated December 23, 2013, and to enlarge the time to serve and file a brief.
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 disqualify Emery, Celli, Brinckerhoff & Abady, LLP, and Richard Emery from representing Gertrude Courant Moser on an appeal and cross appeal is referred to the Surrogate's Court, Westchester County, for hearing and determination. The Surrogate's Court, Westchester County, shall proceed with all convenient speed; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is held in abeyance in the interim.
BALKIN, J.P., DICKERSON, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court