| Matter of Ammon, a/k/a Ammon-Pelosi, a/k/a Pelosi, De |
| Motion No: 2005-01920 |
| Slip Opinion No: 2006 NYSlipOp 61328(U) |
| Decided on January 31, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35465
C/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
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2005-01920 In the Matter of Generosa Ammon, a/k/a Generosa Ammon-Pelosi, a/k/a Generosa Pelosi, deceased. Gerard J. Sweeney, petitioner-respondent; Daniel J. Pelosi, appellant; William P. Parkas, et al., guardians ad litem-respondents. (File No. 1609/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent and the guardian ad litem-respondents on an appeal from an order of the Surrogate's Court, Suffolk County, dated January 31, 2005, inter alia, to dismiss the appeal on the ground that the appellant lacks standing to prosecute the appeal, or to strike the appendix, or to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the petitioner-respondent and the guardian ad litem-respondents shall serve and file their respective briefs on or before February 28, 2006; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court