Matter of Fields

Motion No: M-4076

Slip Opinion No: 2018 NYSlipOp 84318(U)

Decided on September 25, 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.

September 25, 2018

Probate Proceeding, Will of Surrogate's Court Sydney H. Fields, File No. 2016-111

Deceased.

v

An appeal having been taken by objectant-appellant Richard J. Fields from an order of the Surrogates Court, New York County, entered on or about March 26, 2018, and said appeal having been perfected, And appellant Richard J. Fields having moved to reverse the probate decree, and to stay petitioner from liquidating the estate assets (M-4076), And petitioner-respondent having cross-moved to dismiss the aforesaid appeal or, in the alternative, to strike certain portions of the appellants appendix and brief, to adjourn the appeal to the November 2018 Term, and for other relief (M-3860),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the cross motion by petitioner is granted and the appeal is dismissed (M-3860). The motion by appellant to reverse the probate decree and stay petitioner from liquidating the estate assets is denied (M-4076). ENTERED: September 25, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-4076

M-3860