Matter of Funfgeld, deceased
Motion No: 2014-11010
Slip Opinion No: 2014 NY Slip Op 93499(U)
Decided on December 19, 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

M184647

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2014-11010

In the Matter of Funfgeld, deceased.

James Funfgeld, petitioner; Vincent

J. Petti, etc., et al., respondents.

(File No. 352247/D, E, F)

DECISION & ORDER ON MOTION

Motion by James Funfgeld for leave to appeal to this Court from an order of the Surrogate's Court, Nassau County, dated October 24, 2014, and to stay enforcement of the order, pending hearing and determination of the appeal. Cross motion by Vincent J. Pettifor for an award of an attoreny's fee and costs, and to impose a sanction upon James Funfgeld.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., DILLON, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court