Matter of Rappaport, deceased
Motion No: 2008-00404
Slip Opinion No: 2008 NYSlipOp 75564(U)
Decided on June 23, 2008
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

M72145

S/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-00404

In the Matter of Alfred D. Rappaport, deceased.

Sylvia Rappaport, et al., appellants; Marguerite

Downs Rappaport, respondent.

(File No. 307789)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Nassau County, dated June 16, 2008.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appellants' notice of appeal from a decision of the same court dated December 21, 2007, is deemed a premature notice of appeal from the decree (see CPLR 5520[c]); and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 8, 2008, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

MASTRO, J.P., DILLON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court