Appellate Division: Second Judicial Department

M63705

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 Nos. 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 denied; and it is further,

ORDERED that on the court's own motion, the appeals of Elaine Lelekakis are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that on the court's own motion, the appeal of George Voyiatgis and the cross appeal are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court