Appellate Division: Second Judicial Department

M52321

S/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-09175, 2006-09177 In the Matter of James Voyiatgis, deceased. Elaine Lelelakis, appellant; Terry Voyiatgis, respondent. (File No. 2570/03)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Surrogate's Court, Queens County, dated August 14, 2006, and a decision of the same court also dated August 14, 2006.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion the appeal from the decision pending under Appellate Division Docket No. 2006-09177 is dismissed, without costs or disbursements as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated August 14, 2006 (Appellate Divison Docket No. 2006-09175) is granted, the appellant's time to perfect that appeal is enlarged until May 18, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

CRANE, J.P., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court