| Matter of Ciccotto, deceased |
| Motion No: 2005-07156 |
| Slip Opinion No: 2006 NYSlipOp 71131(U) |
| Decided on June 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
M41407
O/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-07156 In the Matter of Domenick Ciccotto, deceased. Public Administrator of Queens County, respondent; Connors & Sullivan, P.C., nonparty appellant. (File No. 141/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decree of the Surrogate's Court, Queens County, dated June 15, 2005, on the ground that the appellant is not aggrieved by the decree or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance, and is referred to the 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; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until August 28, 2006, and the respondent's brief must be served and filed on or before that date.
ADAMS, J.P., RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court