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Forney v. Roth

186 A.D.2d 52 Court N.Y. App. Div. Decision date 1992-09-17 English

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p. 52
In the Matter of Perrie A. Forney v Renee R. Roth.

Application seeking a stay of all proceedings in Surrogate’s Court, pending appeal purported to be taken by petitioner from an order of the Supreme Court, New York County (sua sponte converted to a proceeding in the nature of a writ of prohibition), unanimously denied and the proceeding dismissed, without costs, for lack of jurisdiction. (See, CPLR 7804 [b]; 506 [b].) The stay granted by a Justice of this Court on July 29, 1992 is vacated. Concur—Carro, J. P., Rosenberger, Ellerin, Wallach and Asch, JJ.