Appellate Division: Second Judicial Department

M180053

S/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-appellant- respondent; Lori Berkowitz Lax, respondent- respondent-appellant. (File No. 1424/91)

DECISION & ORDER ON MOTION

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. By decision and order on motion of this Court dated June 6, 2014, the branch of the motion which was to disqualify Emery, Celli, Brinckerhoff & Abady, LLP, and Richard Emery from representing Gertrude Courant Moser on an appeal and cross appeal was referred to the Surrogate's Court, Westchester County, for hearing and determination, and the branch of the motion which is to enlarge the time to serve and file a brief was held in abeyance in the interim. Application to withdraw the motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the application to withdraw the motion and upon the stipulation of the parties, it is

ORDERED that the decision and order on motion of this Court dated June 6, 2014, is recalled and vacated; and it is further,

ORDERED that the application is granted and the motion is deemed withdrawn.

BALKIN, J.P., DICKERSON, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court