| IN THE MATTER OF THE ESTATE OF KATHRYN W. BUCK, DECEASED |
| Motion No: CA 23-00285 |
| Slip Opinion No: 2023 NY Slip Op 68735(U) |
| Decided on June 12, 2023 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 23-00285
| IN THE MATTER OF THE ESTATE OF KATHRYN W. BUCK,
DECEASED, RICHARD M. BUCK, III, PETITIONER-APPELLANT-RESPONDENT (PROCEEDING NO.
1.) ———————————————————
———————— JOSEPH J. TIMPANO, TEMPORARY ADMINISTRATOR OF THE ESTATE
OF KATHRYN M. BUCK, DECEASED, PETITIONER-RESPONDENT(PROCEEDING NO.
2.) ———————————————————
———————— RICHARD M. BUCK CONSTRUCTION
CORPORATION, PETITIONER-RESPONDENT(PROCEEDING NO. 3.), STEVEN G. BUCK AND BUCK CONSTRUCTION LLC,
APPELLANTS. |
Appellants having moved pursuant to CPLR 5518, 5519 [c], and 2201, to stay the trial and other proceedings in the appeals taken herein from a decree of the Surrogate's Court, Oneida County, entered December 30, 2022,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to stay the trial and other proceedings in the trial court (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985]; Matter of White v City of Jamestown, 242 AD2d 979, 980 [4th Dept 1997]; and,
It is further ORDERED that the motion is denied insofar as it seeks other relief.
Entered: June 12, 2023
Ann Dillon Flynn
Clerk of the Court