ESTATE OF LEONARD ROSENBAUM, Deceased (4013/10) — At the call of the calendar, the petition of Moshe Rosenbaum and Shoshanna Schilit to compel an accounting by the executor of the estate of Leonard Rosenbaum, was granted.

Joseph Rosenbaum is directed to file an account of his proceedings as executor, together with a petition for the judicial settlement thereof, within thirty (30) days of service of a copy of this order with notice of entry.

Also before the court was petitioners' motion for a preliminary injunction to restrain the executor from distributing estate assets. A preliminary injunction may be granted where three elements are established: a likelihood of success on the merits, irreparable injury, and a balance of equities in favor of the movant [CPLR §6301]. On this record, petitioners failed to make a prima facie case on the merits. Accordingly, the motion for a preliminary injunction was denied.

This decision constitutes the order of the court.

February 6, 2013