Appellate Division: Second Judicial Department

M61289

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-09003, 2006-09175, 2006-09863 In the Matter of James Voyiatgis, deceased. Elaine Lelekakis, et al., appellants-respondents; Terry Voyiatgis, respondent-appellant. (Appeal No. 1) In the Matter of James Voyiatgis, deceased. Elaine Lelelakis, appellant; Terry Voyiatgis, respondent. (Appeal No. 2 & 3) (File No. 2570/03)

DECISION & ORDER ON MOTION

Motion by Elaine Lelekakis on appeals and a cross appeal from a decree of the Surrogate's Court, Queens County, dated August 16, 2006, an appeal from an order of the same court dated August 14, 2006, and an appeal from a decree of the same court dated September 12, 2006, to enlarge the time to perfect her appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that Elaine Lelekakis's time to perfect her appeals is enlarged until November 19, 2007, and the joint record or appendix and Elaine Lelekakis's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that Terry Voyiatgis shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

MILLER, J.P., SCHMIDT, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court