In the Matter of the Petition of Thomas R. Walegur and Patricia A. Baltrus for the Performance of a Genetic Marker Test Pursuant to EPTL § 41.2(2)(c) to Suspend and Revoke the Letters of Administration

Motion No: M-4523

Slip Opinion No: 2017 NYSlipOp 88005(U)

Decided on October 5, 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.

October 5, 2017

In the Matter of the Petition of

Thomas R. Walegur and Patricia A.

Baltrus for the Performance of a

Genetic Marker Test Pursuant to

EPTL § 4-1.2(a)(2)(c) to Suspend

and Revoke the Letters of Administration, Surrogate's Court

File No. 2013-998/B/C

in the Estate of

Edward J. Walegur,

Deceased,

heretofore issued to Lyndsey E.

Walegur, Administrator, Pursuant

to N.Y.S.C.P.A. § 711 and to

Appoint Matthew Baltrus as

Administrator of the Estate,

Thomas R. Walegur and Patricia A.

Baltrus,

Petitioners-Respondents,

Lyndsey E. Walegur,

Respondent-Appellant.

Appeals having been taken from orders of the Surrogate's Court, New York County, entered on or about July 31, 2017 and

on or about August 8, 2017, And respondent-appellant, Lyndsey E. Walegur, having moved to stay the aforesaid order insofar as it compelled movant to submit to genetic marker testing, initially scheduled for

August 8, 2017, pending hearing and determination of the appeal, 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: October 5, 2017

______________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices

M-4523