In the Matter of the Application of Sara Levi

Motion No: M-7503

Slip Opinion No: 2019 NYSlipOp 83278(U)

Decided on October 31, 2019

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.

October 31, 2019

In the Matter of the Application of

Sara Levi, as Guardian of the Person

and Property of Esther Jacobo,

an Incapacitated Person, Petitioner-Respondent, For the Turnover of property pursuant

to Mental Hygiene Law § 81.43 from

The Jaime Radusky Revocable Trust,

Respondent-Appellant.

v

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about August 20, 2019, which denied respondent-appellant's motion to dismiss the petition, and ordered respondent-appellant to turnover certain documentation evidencing ownership of the subject apartment to petitioner-respondent,And respondent-appellant having moved, pursuant to CPLR 5704(a), for relief denied by a Justice of the Supreme Court, New York, who refused to sign an order to show cause seeking to fix an undertaking in furtherance of obtaining an automatic stay under CPLR 5519(a)(6), and to enjoin the enforcement of the aforesaid turnover order (M-7502), And petitioner-respondent having cross-moved, pursuant to CPLR 5519(c), for an order vacating or modifying the automatic stay under CPLR 5519(a)(5)(M-7503), 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 motion (M-7502) is denied, and it is further, Ordered that the cross motion (M-7503) is granted, and the automatic stay under CPLR 5519(a)(5) is vacated.ENTERED: October 31, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing, Justices

M-7503

M-7502

Index No. 500200/18