| Goldberg, as distributee/heir-at-law of Tuzzolino, deceased v Meyers, a |
| Motion No: 2017-07873 |
| Slip Opinion No: 2017 NY Slip Op 92695(U) |
| Decided on November 17, 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. |
Appellate Division: Second Judicial Department
M241651
E/afa
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2017-07873 Jason Goldberg, as distributee/heir-at-law of Beverly Tuzzolino, deceased, respondent, v Barrie Meyers, also known as Barrie S. Meyers, also known as Barrie Goldberg, et al., appellants. (Index No. 13804/15)
| DECISION & ORDER ON MOTION |
2017-11012
Jason Goldberg, as administrator of the estate of
Beverly Tuzzolino, deceased, and as distributee/
heir-at-law of Beverly Tuzzolino, deceased, respondent,
v Barrie Meyers, also known as Barrie S. Meyers,
also known as Barrie Goldberg, et al., appellants.
(Index No. 13804/15)
Motion by the appellants on appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 12, 2017, and an order of the same court September 8, 2017, respectively, to stay enforcement of the order and judgment and to stay certain proceedings in the Surrogate's Court, Kings County, pending hearing and determination of the appeals and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order and judgment dated June 12, 2017, is granted, and enforcement of the order and judgment dated June 12, 2017, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 18, 2017; and it is further,
ORDERED that in the event the appeals are not perfected on or before December 18, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court