Matter of Morris, deceased
Motion No: 2007-05283
Slip Opinion No: 2007 NYSlipOp 86086(U)
Decided on December 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M63635

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-05283

In the Matter of John Morris, a/k/a John F.

Morris, deceased.

Grace Nwachukwu, etc., appellant;

Gerard A. Cabrera, etc., respondent.

(File No. 4202/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Kings County, dated May 7, 2007, and to waive the filing fee.

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 enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 11, 2008, 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 branch of the motion which is to waive the filing fee is denied with leave to renew upon a statement of the issues to be raised on the appeal.

SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court