Opinion
Motion No: M-4523
10-05-2017
In the Matter of the Petition of Thomas R. Walegur and Patricia A. Baltrus for the Performance of a Genetic Marker Test Pursuant to EPTL § 4-1.2(a)(2)(c) to Suspend and Revoke the Letters of Administration, Surrogate's Court File No. 2013-998/B/C in the Estate of Edward J. Walegur, Deceased, heretofore issued to Lyndsey E. Walegur, Administrator, Pursuant to N.Y.S.C.P.A. § 711 and to Appoint Matthew Baltrus as Administrator of the Estate, Thomas R. Walegur and Patricia A. Baltrus, Petitioners-Respondents, v. Lyndsey E. Walegur, Respondent-Appellant.
Appeals having been taken from orders of the Surrogate's Court, New York County, entered on or about July 31, 2017 and on or about August 8, 2017, And respondent-appellant, Lyndsey E. Walegur, having moved to stay the aforesaid order insofar as it compelled movant to submit to genetic marker testing, initially scheduled for August 8, 2017, pending hearing and determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied.
ENTERED: October 5, 2017
______________________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices
M-4523