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WYNYARD v. BEINY

4 Misc.3d 904 (2004)

782 N.Y.S.2d 593

In the Matter of MARTIN WYNYARD et al., Petitioners, v. ROTRAUT L.U. BEINY et al., Respondents. ANTIQUE COMPANY OF NEW YORK, INC., Intervenor-Petitioner.

Surrogate's Court, Bronx County.

August 12, 2004.

Attorney(s) appearing for the Case

Debevoise & Plimpton LLP (Hannah M. Pennington of counsel), for Barbara Paul Robinson, as temporary receiver.

Patterson, Belknap, Webb & Tyler LLP (John D. Winter of counsel), for Michele Beiny Harkins and others, appellants.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The temporary receiver of the Antique Company of New York (ACNY) seeks an order allowing her to proceed with the sale of ACNY assets in accordance with the decree of this court entered on November 20, 2003, notwithstanding that the decree is the subject of an appeal and that the appellants, in their notice of appeal, asserted that "pursuant to CPLR 5519 (a) (4), the enforcement of the decree . . . is automatically...

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