| IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT OF AMY E. MALINOWSKI AND HOLLY A. SINNOTT, CO-EXECUTORS |
| Motion No: CA 16-02336 |
| Slip Opinion No: 2017 NY Slip Op 65786(U) |
| Decided on March 1, 2017 |
| 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: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-02336
| IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT OF
AMY E. MALINOWSKI AND HOLLY A. SINNOTT, CO-EXECUTORS OF THE WILL OF CYNTHIA A. BRAUN, DECEASED, PETITIONERS-APPELLANTS; JAMES
H. BRAUN, JR., DOUGLAS E. BRAUN, MICHAEL BRAUN, AND MELISSA ANN PFOHL FORMERLY KNOWN AS MELISSA ANN BRAUN,
OBJECTANTS-RESPONDENTS. |
Appellants having moved for a stay of proceedings in the Erie County Surrogate's Court pursuant to CPLR § 5519 (c), and Surrogate's Court Procedure Act §§ 102, 2701, pending the appeal taken herein from an order entered in the Office of the Clerk of said court on December 8, 2016,
Now, upon reading and filing the affirmation of Barry J. Donohue, Esq., dated December 19, 2016, and the notice of motion with proof of service thereof, and the affirmation of Alan J. Bozer, Esq., dated January 19, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion in Surrogate's Court for a stay of proceedings (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351).
Entered: March 1, 2017
Frances E. Cafarell, Clerk