In the Matter of the Application of Ann C. McCormack

Motion No: M-4949

Slip Opinion No: 2018 NYSlipOp 61351(U)

Decided on January 16, 2018

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.

January 16, 2018

In the Matter of the Application of

Ann C. McCormack, by her Special Guardian

and Attorney-in-Fact Carol Bamonte,

concerning the Estate of

Kathleen Durst,

Absentee and Alleged Deceased,

Surrogate's Court

and for a decree judicially declaring that the above-named absentee is File No. 1982-5053/D

deceased, pursuant to New York Estates,

Powers and Trusts Law Section 2-1.7,

together with other and further relief.

v

Appeals having been taken to this Court from orders of the Surrogate's Court, New York County, entered on or about March 24, 2017 and July 28, 2017,And petitioner-appellant Carol Bamonte having moved for a stay of all proceedings, including the settlement and signing of proposed documents, pending hearing and determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and the correspondence from Robert Abrams, Esq., counsel for petitioner-appellant, dated October 27, 2017, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: January 16, 2018

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels,Justice Presiding, Peter Tom Angela M. Mazzarelli Jeffrey K. Oing Anil C. Singh,Justices

M-4949