In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint Application of Thomas J. Killeen and Juliana C. Terian for the Appointment of a Successor CoTrustee of the Trusts under the Will of Peter G. Terian

Motion No: M-4383

Slip Opinion No: 2017 NYSlipOp 87282(U)

Decided on September 28, 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.

September 28, 2017

In the Matter of the Application of

Thomas J. Killeen for Permission to

Resign and the Joint Application of

Thomas J. Killeen and Juliana C.

Terian for the Appointment of a

Successor Co-Trustee of the Trusts

under the Will of

Peter G. Terian,SURROGATE'S COURT

Deceased.File No. 2002-3871//IJ

- - - - - - - - - - - - - - -

Juliana C. Terian,

Petitioner-Respondent,

Thomas J. Killeen,

Petitioner-Respondent,

-and-

Robert Wurmbrand,

Respondent-Appellant.

v

An appeal having been taken to this Court from the order

of the Surrogate's Court, New York County, entered on or about July 26, 2017, And respondent-appellant having moved for a stay of the aforesaid order, and a stay of the newly appointed Board of Managers and the new Officers of Ralleye Motors from acting

in their new capacity, pending hearing and determination of

the appeal, and for related 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 denied.ENTERED: September 28, 2017

_____________________ CLERK

Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-4383