| Matter of Tellez, deceased |
| Motion No: 2007-00331 |
| Slip Opinion No: 2007 NYSlipOp 86099(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. |
Appellate Division: Second Judicial Department
M63700
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
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2007-00331, 2007-06214 In the Matter of Anibal Tellez, deceased. Mayank V. Munsiff, appellant; Josephine Tellez, et al., respondents. (File No. 1390/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2007 Calendar," dated November 5, 2007, as dismissed an appeal from a decree of the Surrogate's Court, Queens County, dated December 14, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate that appeal, to enlarge the time to perfect that appeal, to enlarge the time to perfect an appeal from an order of the same court dated June 4, 2007, to consolidate the appeals, and for leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated November 5, 2007, as dismissed the appeal from the decree dated December 14, 2006 (Appellate Division Docket No. 2007-00331), and to reinstate that appeal are denied; and it is further,
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the decree dated December 14, 2006, to consolidate the appeals, and for leave to prosecute the appeal from the decree dated December 14, 2006, as a poor person are denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 4, 2007 (Appellate Division Docket No. 2007-06214), is granted, the appellant's time to perfect that appeal is enlarged until February 13, 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 for leave to prosecute the appeal from the order dated June 4, 2007, as a poor person is denied.
MILLER, J.P., RITTER, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court