Application of Albert Sigal and Barbara v X

Motion No: M-5049

Slip Opinion No: 2018 NYSlipOp 89925(U)

Decided on December 4, 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.

December 4, 2018

Application of Albert Sigal and Barbara

L. De Mare, as Co-Executors of the EstateSurrogate's Court

of M. Michael Kulukundis, Deceased, Petitioners-Respondents,File No. 2010-3411

For a Decree Pursuant to SCPA § 2103

Ordering Tara Kulukundis,

Respondent-Appellant,

To Turn Over Estate Property in Her

Possession, Custody and Control.

v

An appeal having been taken to this Court from the order of the Surrogate's Court, New York County, entered on or about

June 15, 2018, And respondent-appellant having moved for an order staying the enforcement of the order, which allows for the eviction of respondent if she fails to turn over and vacate the subject cooperative apartment by January 15, 2019, 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 denied. ENTERED: December 4, 2018

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Cynthia S. Kern Jeffrey K. Oing, Justices

M-5049