| Matter of Hersh, deceased |
| Motion No: 2019-01182 |
| Slip Opinion No: 2019 NY Slip Op 66388(U) |
| Decided on March 27, 2019 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M261406
E/mm
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
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2019-01182 In the Matter of Hersh, deceased. Esther Rachel Hersh, petitioner-appellant- respondent; Mark Hersh, et al., respondents- respondents-appellants. (File No. 4035/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, inter alia, to stay enforcement of an order of the Surrogate's Court, Queens County, dated December 18, 2018, to stay the respondents-respondents-appellants Mark Hersh, GM Canmar Residence Corp., and 611 West 112th Street Realty Corp., or anyone acting on their behalf, from issuing new stock certificates for or selling any assets of GM Canmar Residence Corp., and 611 West 112th Street Realty Corp. and to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal and cross appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the order dated December 18, 2018, is stayed, Mark Hersh, GM Canmar Residence Corp., and 611 West 112th Street Realty Corp., or anyone acting on their behalf, are stayed from transferring or encumbering any real property or assets which are owned by GM Canmar Residence Corp. and 611 West 112th Street Realty Corp., from entering into any agreements outside of the ordinary course of business, and from issuing any new stock certificates for GN Canmar Residence Corp., and 611 West 112th Street Realty Corp., pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before April 26, 2019, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 26, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-respondents-appellants may move to vacate the stay, on three days notice.
MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court