In the Matter of the Application of Morton Schuster and Julie Schuster

Motion No: M-6665

Slip Opinion No: 2018 NYSlipOp 65330(U)

Decided on February 27, 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.

February 27, 2018

In the Matter of the Application of

Morton Schuster and Julie Schuster,

Petitioners-Appellants,

For the Appointment of a Guardian of the Person and Property of

Regina Coxe,

A Person Allegedly in Need of

a Guardian.

v

An appeal having been taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about May 26, 2017, And, Petitioners having moved, inter alia, for an order restraining the Guardian from executing on the judgment in favor of the AIP against petitioners, and related relief, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that petitioners' motion is granted to the extent of acknowledging an automatic stay of enforcement as to the bonded $14,400. Further, the enforcement of the aforementioned order and judgment is stayed and the remainder

of the funds restrained to the extent of the disputed legal fees, which petitioners contend remain in the possession of the marshal, on condition that those funds are placed in escrow with their attorneys, pending determination of the appeal. ENTERED: February 27, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Peter Tom Ellen Gesmer Jeffrey K. Oing, Justices

M-6665

Ind. No. 500368/16