| Matter of Russ & Russ, P.C. v Piterniak |
| Motion No: 2005-09946 |
| Slip Opinion No: 2006 NYSlipOp 67564(U) |
| Decided on April 27, 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
M38999
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-09946 In the Matter of Russ & Russ, P.C., respondent, v Robert Piterniak, et al., appellants. (File No. 654)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Suffolk County, dated September 9, 2005.
ORDERED that on the court's own motion, the appeal by Laura Piterniak is dismissed, without costs or disbursements, as she is not aggrieved by the decree (see CPLR 5511); and it is further,
ORDERED that the application by the appellant Robert J. Piterniak is granted and his time to perfect the appeal is enlarged until June 2, 2006, and the record or appendix on the appeal and the brief of that appellant must be served and filed on or before that date.
MILLER, J.P., LUCIANO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court