Matter of Garber, deceased
Motion No: 2016-13048
Slip Opinion No: 2017 NY Slip Op 67373(U)
Decided on March 16, 2017
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

M227830

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-13048

In the Matter of Samuel M. Garber, deceased.

Thomas D. Garber, petitioner-appellant;

Amy Garber King, et al., respondents-respondents.

(File No. 450/10)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant, inter alia, to stay enforcement of a certain stipulation of settlement in the above-entitled proceeding pending hearing and determination of an appeal from an order of the Surrogate's Court, Suffolk County, dated November 9, 2016, 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 denied.

BALKIN, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court