In the Matter of the Application of James Kevin Durcan

Motion No: M-2297

Slip Opinion No: 2018 NYSlipOp 74754(U)

Decided on June 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.

June 12, 2018

In the Matter of the Application of

James Kevin Durcan, as Administrator

of the Estate of

Joan Durcan,

Deceased, File No. 2014-4296/C

For a Turnover of Property Withheld.

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James Kevin Durcan,

Petitioner-Respondent,

Mary Anne Cunney,

Respondent-Appellant. v

An appeal having been taken to this Court from the order of the Surrogate's Court, New York County, entered on or about April 11, 2018,And respondent-appellant having moved, pursuant to 5519(c), for a stay of enforcement of the Surrogate's Court turnover order, pending hearing and determination of the aforesaid appeal,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 continuing the interim relief granted by the order of a Justice of this Court, dated May 2, 2018, on condition that the appeal is perfected for the October 2018 Term. ENTERED: June 12, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Troy K. Webber Marcy L. Kahn Cynthia S. Kern Jeffrey K. Oing,Justices

M-2297