| IN THE MATTER OF THE ACCOUNTING BY CHRISTOPHER J. SMOLKA, AS THE TRUSTEE OF THE MELVIN D. MERGENHAGEN AND GERALDINE R. |
| Motion No: CA 14-01025 |
| Slip Opinion No: 2014 NY Slip Op 76138(U) |
| Decided on June 25, 2014 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND SCONIERS, JJ.
DOCKET NO. CA 14-01025
| IN THE MATTER OF THE ACCOUNTING BY CHRISTOPHER J.
SMOLKA, AS THE TRUSTEE OF THE MELVIN D. MERGENHAGEN AND GERALDINE R. MERGENHAGEN IRREVOCABLE TRUST DATED OCTOBER
10, 1994. CAROL A. SKRETNY, APPELLANT, V DAVID MERGENHAGEN AND JAMES MERGENHAGEN,
RESPONDENTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Rose H. Sconiers, for a stay, pursuant to CPLR 5519 (c), of all proceedings to enforce a portion of an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on April 8, 2014, pending this Court's determination of the appeal taken herein from said order,
Now, upon reading and filing the affidavit of Robert J. Feldman, Esq., sworn to June 4, 2014, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent of staying enforcement of the order entered April 8, 2014, pending this Court's determination of this appeal, insofar as it directs that the distributable trust proceeds must be paid out simultaneously one-third to David Mergenhagen, one-third to James Mergenhagen, and one-third to Carol A. Skretny.
Entered: June 25, 2014
Frances E. Cafarell, Clerk