| Matter of Thomasino, deceased |
| Motion No: 2024-04440 |
| Slip Opinion No: 2025 NY Slip Op 81973(U) |
| Decided on December 8, 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
M309849
AFA/
FRANCESCA E. CONNOLLY, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2024-04440 In the Matter of James Thomasino, deceased. Joseph Thomasino, etc., intervenor-appellant; Emigrant Funding Corporation, et al., respondents. (File No. 3560/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Surrogate's Court, Kings County, dated March 4, 2024. Motion by the appellant to stay all proceedings in the above-entitled matter, including the sale of the subject property, 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 motion is denied; and it is further,
ORDERED that on the Court's own motion, the time for the respondents to serve and file a brief is extended, and on or before January 7, 2026, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court