| Matter of Gaffney, deceased |
| Motion No: 2025-03961 |
| Slip Opinion No: 2025 NY Slip Op 69559(U) |
| Decided on May 23, 2025 |
| 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
M305326
AFA/
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
PHILLIP HOM, JJ.
|
2025-03961 In the Matter of Jeremiah C. Gaffney, etc., deceased. Jonathan Gaffney, petitioner-respondent; Mary E. Jones, etc., respondent-appellant. (File No. 2705/1996)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Queens County, dated March 27, 2025. Motion by the appellant, inter alia, to stay enforcement of the order, in effect, to stay all proceedings in the above-entitled proceeding, including the enforcement of a warrant of commitment dated February 14, 2025, and a related contempt hearing and, in effect, to stay the respondent from disposing, transferring, conveying, or redeeming any property subject to the above-entitled proceeding, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 23, 2025; and it is further,
ORDERED that the branch of the motion which is, in effect, to stay all proceedings in the above-entitled proceeding is granted to the extent that the enforcement of the warrant of commitment dated February 14, 2025, and the related contempt hearing, are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 23, 2025, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to stay the respondent from disposing, transferring, conveying, or redeeming any property subject to the above-entitled proceeding, is granted, and the respondent is stayed from disposing, transferring, conveying, or redeeming any property subject to the above-entitled proceeding pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 23, 2025; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 23, 2025, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court