Accounting of v Cheryl Hoppenstein Yitzchak

Motion No: M-1145

Slip Opinion No: 2018 NYSlipOp 69438(U)

Decided on April 12, 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.

April 12, 2018

Accounting of

Nathan Davidovich, Surrogate's Court

Charles H. Hoppenstein File No. 2015-2918/A

and Ava Hoppenstein Shore,

As Trustees of the

Rueben Hoppenstein 2004 Trust,

u/a/d (under agreement dated)

December 20, 2004

- - - - - - - - - - - - -

Nathan Davidovich, Charles H.

Hoppenstein and Ava Hoppenstein

Shore,

Petitioners-Respondents,

v

Cheryl Hoppenstein, Yitzchak

Hoppenstein, Yonatan Hoppenstein,

Aryeh Hoppenstein, Yara Hoppenstein,

and Adina Hoppenstein,

Respondents-Appellants.

Appeals having been taken from orders of the Surrogate's

Court, New York County, entered on or about March 31, 2017

and on or about October 10, 2017, and said appeals having

been perfected; and an appeal having been taken from the final accounting decree, same Court and Surrogate, entered on or about

January 9, 2018, And respondents-appellants having moved for consolidation

of the aforesaid perfected appeals along with the appeal taken from the final accounting decree, and to supplement the record in the pending appeal with the notice of appeal from the decree and the decree, 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 granted to the extent

of deeming respondents' appeals taken from orders entered

on March 31, 2017 and October 10, 2017 to include the appeal

taken from the final accounting decree entered on or about January 9, 2018, and directing respondents-appellants to file, within seven days of this order, a supplemental appendix containing said final accounting decree and the notice of appeal, dated February 16, 2018. Sua sponte, the perfected appeals are adjourned to the June 2018 Term. ENTERED: April 12, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Richard T. Andrias Marcy L. Kahn, Ellen Gesmer Cynthia S. Kern, Justices

M-1145