| Matter of Goebel, deceased |
| Motion No: 2017-02287 |
| Slip Opinion No: 2017 NY Slip Op 94049(U) |
| Decided on December 1, 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
M240133
E/ct
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
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2017-02287 In the Matter of Louis E. Goebel, also known as Louis Emil Goebel, also known as Louis Goebel, also known as Lou Goebel, deceased. Susan J. Rera, etc., petitioner-appellant; Alba Baris Goebel, respondent-respondent. (File No. 911/11)
| ORDER TO SHOW CAUSE |
2017-03236
In the Matter of Louis E. Goebel, also known
as Louis Emil Goebel, also known as Louis
Goebel, also known as Lou Goebel, deceased.
Susan J. Rera, etc., petitioner-appellant;
Alba Baris Goebel, respondent-respondent.
(File No. 911/11)
2017-05751, 2017-05752
In the Matter of Louis E. Goebel, also known
as Louis Emil Goebel, also known as Louis
Goebel, also known as Lou Goebel, deceased.
Susan J. Rera, etc., petitioner-appellant;
Alba Baris Goebel, respondent-respondent.
(File No. 911/11)
2017-08534
In the Matter of Louis E. Goebel, also known
as Louis Emil Goebel, also known as Louis
Goebel, also known as Lou Goebel, deceased.
Susan J. Rera, etc., petitioner-respondent;
Alba Baris Goebel, respondent-respondent;
Frank D'Onofrio, nonparty-appellant;
Helen Depolito, nonparty-respondent.
(File No. 911/11)
Motion by the nonparty-appellant to stay enforcement of an order of the Surrogate's Court, Orange County, dated April 24, 2017, to consolidate that appeal with appeals from a decree of the same court dated August 14, 2014, and three orders of the same court dated October 13, 2015, March 10, 2017, and April 24, 2017, respectively, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the parties are directed to show cause why an order should or should not be made and entered dismissing the appeal from the order dated April 24, 2017, on the ground that the nonparty-appellant is not aggrieved by that order (see CPLR 5511), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before December 22, 2017, and by serving one copy of the same on each other; and it is further,
ORDERED that the motion by the nonparty-appellant is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties to the appeals by regular mail.
HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court