David Gitel as Executor of the Estate of v Docket No. 3542/14 John Jakuboski Sr. John Jakuboski Jr.

Motion No: M-892

Slip Opinion No: 2017 NYSlipOp 69432(U)

Decided on April 4, 2017

Appellate Division, First 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.

April 4, 2017

David Gitel, as Executor of the Estate of

Steven J. Jakuboski, Deceased,

Petitioner-Respondent,

v

Docket No. 3542/14

John Jakuboski, Sr., John Jakuboski, Jr.,

Respondents-Appellants.

From An Order Granting Possession of

Property Withheld from the Estate

Petitioner-respondent having moved for dismissal of the appeal taken from an order of the Surrogate's Court, New York County, entered on or about December 28, 2015, and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the appeal is dismissed. The stay granted by an order of this Court entered on February 18, 2016 and extended on January 24, 2017 (M-5174) is vacated. Entered: April 4, 2017

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Troy K. Webber Ellen Gesmer, Justices

M-892