Appellate Division: Second Judicial Department

M70554

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STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2008-00914, 2008-00918, 2008-03361, 2008-03362 In the Matter of Natalie Roberts, Deceased. Margaret M. Eaton, respondent; Richard C. Clifford, nonparty-appellant. (Index No. 2978-02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on appeals from two decisions, a decree, and an order of the Surrogate's Court, Westchester County, dated June 19, 2007, December 11, 2007, August 7, 2007, and January 7, 2008, respectively, inter alia, to stay enforcement of the decree, pending hearing and determination of the appeal. Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2), in effect, to enlarge the time to perfect the appeal from the decree dated August 7, 2007.

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

ORDERED that on the court's own motion, the appeals from the decisions dated June 19, 2007 (Appellate Division Docket No. 2008-00914), and December 11, 2007 (Appellate Division Docket No. 2008-03361), respectively, are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,

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

ORDERED that the application is granted and the nonparty-appellant's time to perfect the appeal from the decree dated August 7, 2007 (Appellate Division Docket No. 2008-00918), is enlarged until July 28, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court