Opinion
2021-66769 Motion CA 21-00571
05-24-2021
ROBERT W. H., PETITIONER-RESPONDENT, v. LEO M. BEAN FUNERAL HOME, INC. DOING BUSINESS AS LEO M. BEAN AND SONS FUNERAL HOME, RESPONDENT, CHRISTINE O., RESPONDENT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND WINSLOW, JJ.
Appellant having moved, upon the return of an order to show cause granted by the Honorable Joanne M. Winslow on April 22, 2021, pursuant to CPLR 5518, to vacate a temporary restraining order of Supreme Court, Monroe County, dated August 26, 2020, and entered August 27, 2020, or, in the alternative, to expedite the appeal taken herein from an order of Supreme Court, Monroe County, entered April 12, 2021, 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 granted insofar as it seeks to vacate the temporary restraining order relating to the disposal or burial of the remains of Barbara H., and the temporary restraining order contained in the first ordering paragraph of the order of Supreme Court, Monroe County (index No. E2020006494), dated August 26, 2020, and entered August 27, 2020, is hereby vacated.