MATTER OF GAROFANO


280 A.D.2d 670 (2001)

720 N.Y.S.2d 838

In the Matter of the Estate of SALVATORE GAROFANO, Deceased. JOHN PEDONE et al., Appellants; ROBERT FETZKO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 26, 2001.


Ordered that on the Court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal from that portion of the order dated December 8, 1999, which, sua sponte, directed that $125,000 of the net proceeds of the sale of the appellants' real property be held in escrow pending the outcome of the proceeding, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar...

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