| Matter of Bloomingdale, deceased |
| Motion No: 2006-09709 |
| Slip Opinion No: 2007 NYSlipOp 74774(U) |
| Decided on August 1, 2007 |
| 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
M57849
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2006-09709 In the Matter of Irma A. Bloomingdale, deceased. Marvin Cohen, appellant; Michael Preis, et al., respondents. (File No. 3135/89)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Surrogate's Court, Westchester County, dated August 2, 2006, on the ground that the appendix is inadequate, and to impose a sanction upon the appellant and for an award of costs and an attorney's fee. Cross motion by the appellant, inter alia, for a protective order for a certain letter dated February 4, 2005. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion and cross motion are denied; and it is further,
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 31, 2007, and the respondents' brief must be served and filed on or before that date.
RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court