Appellate Division: Second Judicial Department

M194052

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2015-04744 In the Matter of Irving Berk, deceased. Joel Berk, et al., appellants; Hua Wang, etc., respondent. (File No. 2488/06)

DECISION & ORDER ON MOTION

Motion by Joel Berk and Harvey Berk for leave to appeal to this Court from an order of the Surrogate's Court, Kings County, dated May 20, 2015, to stay the hearing directed by the order dated May 20, 2015, in the above-entitled matter, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the hearing directed by the order dated May 20, 2015, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 31, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 31, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before August 31, 2015; and it is further,

ORDERED that the appellants shall serve and file a reply brief, if any, on or before September 10, 2015; and it is further,

ORDERED that the appeal will be calendared expeditiously after all of the briefs have been filed.

RIVERA, J.P., DICKERSON, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court